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Judgment
In a motor accident on 10.6.1994 at Oramanjhi, a trekker (BR-14P-0459) and a track (BR-14P-9509) were involved. Trekker was claimed to be insured with National Insurance Company Limited at the relevant time.
Compensation Case No. 124 of 1994 was filed by claimants- respondent Nos. 1 to 4 in respect of death of one Mostt, Gulabo Kuer in the said accident.
An application u/s 140 of the Motor Vehicles Act, 1988, was filed in the said claim case. The tribunal passed interim award and directed both. National Insurance Company, insurer of truck and New India Insurance Company Limited, insurer of trekker, to pay amount of interim award of Rs. 25,000/- to the extent of half and half.
Present appeal has been filed by insurer of the trekker challenging direction of tribunal to pay half amount (Rs. 12,500/-) of the interim award on the ground that at the time of accident said trekker was not insured with this Insurance Company.
Tribunal considered this aspect of the matter and observed that trekker was duly insured at the time of accident and thereafter directed the appellant-Insurance Company to pay half of the amount of interim award to the claimants.
The determination, if any, of the fact whether the trekker was insured or not at the time of accident, is not final at this stage and it can only be decided on the basis of evidence to be adduced by parties at the hearing of main claim case, u/s 166 of the Act. We are, therefore, not inclined to interfere with the impugned interim award at this stage.
It goes without saying that if it is established that trekker in question was not at all insured at the time of accident, the appellant-Insurance Company shall be entitled to get back the amount paid, pursuant to interim award, to the claimants from the amount of compensation in final award payable by owner thereof.
This appeal is, accordingly, dismissed but without costs.