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Judgment
Learned counsel for the appellant, Mr. Alok Lal has assailed the impugned award dated 11.09.2015 passed by learned District Judge-I-cum-Claim Tribunal, Deoghar in M.V.A. Claim Case No. 38/2013, whereby the claimant has been allowed Rs. 50,000/- as ad interim compensation under the Section 140 of the Motor Vehicles Act within one month from the date of order which the Insurance Company will be liable to pay with the interest @ 7% per annum.
Learned counsel for the appellant has submitted, that the appeal has been preferred, as question of violation of terms and conditions of the policy, has to be adjudicated before the learned Tribunal in an application under Section 166 of the Motor Vehicles Act.
Learned counsel for the appellant has submitted, that if the claimant will not prefer any application under Section 166 of the Motor Vehicles Act, the Insurance Company will suffer irreparable loss, as there was no occasion for the Insurance Company to agitate the issue and adduce the evidence on that count, so as to get right of recovery of aforesaid amount.
Learned counsel for the claimant, Mr. Sudhansu Kumar Deo, has submitted that M.A.C.T. Case No. 54/2016 has been filed under Section 166 of the Motor Vehicles Act, which is pending before the court of learned Principal District Judge-cum-Motor Accident Claim Tribunal, Deoghar, as such, the presumption, which is roaming in the mind of Insurance Company is unnecessary.
Considering such submission, the appeal preferred by the Insurance Company is disposed of as the application of claimant under Section 166 of the Motor Vehicles Act i.e. M.A.C.T. Case No. 54/2016 is pending before the learned Principal District Judge-cum- Motor Accident Claim Tribunal, Deoghar.
Accordingly, the Insurance Company can take such plea in an application filed under Section 166 of the Motor Vehicles Act.
So far the impugned order is concerned, the ad interim compensation shall be paid by the Insurance Company to the claimant in terms of the award passed by the learned Tribunal.
The statutory amount deposited by the Insurance Company before this Court shall be remitted by the Registrar General of this Court within a period of four weeks to the Claims Tribunal, Deoghar, so as to indemnify the same to the claimant and balance amount shall be paid by the Insurance Company.
However, Insurance Company can agitate all the issues available under the law.