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M.A. No. 3377/2004
06/07/2010
Appellant by Shri Suresh Rai, Advocate
Respondent no.6 by Shri Vishal Dhagat,
Advocate
This is an appeal at the instance of the
insurance company challenging the award dated
14/09/2004, wherein the Tribunal has passed the
interim order, directing the insurance company and
owner to pay a sum of Rs. 50,000/- of interim
compensation.
The facts leading to the present case are that
the deceased met with an accident with tractor no.
MP 34-M-0109 and sustained the injuries. The claim
application before the Tribunal was filed. The
insurance company submitted that an accident has
taken place ons 27/10/2003 and the date for the
commencement of the policy is 30th October 2003.
The proposal from itself indicates that the policy was
taken by the owner for a period commencing from
30th October 2003.
On this basis it is submitted that under no
strech of imagination of liability the insurance
company as the policy is taken on 27/10/2003 even
to pay the interim compensation.
The submission is considered. It is true that it
is the interim award but while passing the interim
award still the Tribunal has to look into the liability
prima facie of the insurance company.
In the present case as there was no insurance
of the said vehicle on the date of accident i.e on
22
27/10/2003 and the policy commenced only from 30th
October 2003 therefore according to this Court,
there is is no liability of the insurance company and
accordingly the Tribunal was not justified in passing
the award of even interim compensation against the
insurance company.
In view of the aforesaid, appeal is allowed and
the interim award passed against the appellant
stands quashed. The record of the case be sent to the
Tribunal for its dismissal. The amount so deposited
shall be refunded to the insurance company.
(R.K.GUPTA)
Judge
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