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Judgment
In this appeal, the Insurance Company has challenged the interim award, passed u/s 140 of the Motor Vehicles Act, 1988 on the ground that vehicle in question was not insured and so they were not liable to indemnify its owner''s liability lor payment of compensation under the Act.
During pendency of the present appeal, on 25.7.2001 the main claim case was decided on merit, and final award was passed u/s 166 of the Act holding that vehicle in question was uninsured on the date of accident and as such final compensation amount was directed to be paid by its owner. A photo copy of judgment dated 25th July, 2001, passed in M.V. Claim Case No. 17 of 1997 has been produced before us in Court. Let it be kept on record.
The appellant had not paid the amount of impugned award to the claimants. Consequent upon passing of final award holding that Insurance Company was not responsible to indemnify owner''s liability to pay compensation under Act, this present appeal has become infructuous.
Accordingly'', impugned order and interim award stand set aside and this appeal is disposed of accordingly:
A sum of Rs. 25,000/- deposited under proviso to Section 173 of the said Act in this appeal by Challan No. J-74 dated 8.12.1988 be permitted to be withdrawn by the appellant, Insurance Company on proper verification and in accordance with law.