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Judgment
S.N. Mishra, J.—Heard learned Counsel for the Appellants the Insurance Company and the Respondents.
After having heard the learned Counsel for the parties, this miscellaneous appeal is being disposed of at the stage of Order-41 Rule 11 CPC itself. The instant miscellaneous appeal has been filed by the Insurance Company against the interim compensation granted u/s 140 of the Motor Vehicle Act.
Mr. Singh submits that admittedly the deceased was labourer, who met an accident by the tractor in question. According to the learned Counsel the Insurance Company is not liable to pay any compensation against the death to the so called labourers. In support of his contention, learned Counsel has relied upon an unreported judgment in Misc. Appeal No. 1/94 disposed of on 26.9.95.
Having regard to the fact that this miscellaneous appeal has been filed against the interim order, I am (sic--not?) inclined to decide this question at this stage. However, it will be open for the Appellant to raise all the questions that may be available, at the time of final stage of the proceeding. The statutory amount is still lying deposit in this Court. Since the claimant has appeared, let the amount be refunded to the claimant. The balance amount must be paid forthwith within six months from the date of receipt/production of a copy of this order. The tribunal is directed to conclude the proceeding as early as possible preferably within three months from the date of receipt/production of a copy of this order.
This appeal Is accordingly disposed of.