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Judgment
This appeal has been filed by New India Assurance Company Limited, challenging the order and interim award dated 28.5.1994, passed by Tribunal u/s 140 of the Motor Vehicles Act, 1988.
Jayant Kumar Lal while going from Ranchi to his office at Tamar Camp on his Scooter (814-14/3866). on the way one unknown vehicle dashed the Scooter, as a result whereof the Scooter was smashed and he sustained serious injuries and died at spot.
A Xerox copy of Insurance Policy of the Scooter was produced, which was comprehensive one.
Accordingly, tribunal directed the Insurance Company to pay the amount of interim award to the claimants.
A photo copy of the said Insurance Policy has been annexed with the supplementary affidavit filed by appellant herein. It has been stated that owner of Scooter had paid a premium of Rs. 80/- for his own damage basic and Rs. 200/- for covering risk of estimated value of the vehicle, which was one percent of the sum insured and further a sum of Rs. 40/- as premium towards covering the liability to public risk le. 3rd party insurance.
It was submitted that the Insurance Company cannot be held liable for any sort of liability caused to owner of the Scooter, le. the deceased in the accident in question, as the policy did not cover such risk.
Without going into details of the point raised above, at this stage we set aside the impugned order/interim award and remit the matter to the Tribunal to pass afresh order in accordance with law on the application filed u/s 140 of the Act. _
Parties undertake to produce copy of the Insurance Policy before the tribunal. Lower court records may be sent down forthwith by Special messenger, for which amount of cost must he deposited by appellant by tomorrow (6.2.2002),
This appeal is accordingly disposed of with above direction.