- (1.) The National Insurance Co. Ltd. is aggrieved by the interim award dated 25.2.2013 passed by the MACT, Khetri, whereby the learned Tribunal has granted an interim award of Rs. 50,000/- along with interest to the claimants-respondents no. 1 to 5.
(2.) Brief facts of the case are that on 14.11.2011, Chhaju Ram was returning back home after attending a marriage. He was travelling in a jeep, bearing Registration No. RJ-09-C-4326. While the jeep was being driven, suddenly, a blue bull (Neel Gaai) jumped across the road in front of the jeep. While trying to prevent the collision between the jeep and the animal, the jeep fell from a bridge (Pulia). Consequently, Chhaju Ram sustained injuries. Subsequently, he expired. Since, the claimants lost their sole bread earner, they filed a claim petition under Section 140 and 166 of the Motor Vehicles Act. By order dated 25.2.2013, the learned Tribunal has granted them interim award of Rs. 50,000/-. Hence, this appeal before this Court.
(3.) The learned counsel for the appellant Company has vehemently raised the following contentions:- Firstly, the accident did not occur due to the negligence of the driver, but occurred due to the fact that suddenly an animal had come in front of jeep. Since, prima facie, the negligence is not apparent, the Insurance Company is not liable to pay the interim award. Secondly, that the policy taken out for offending vehicle was an Act only policy. Therefore, the Insurance Company is not liable for the default of a passenger. Thirdly, it is for the claimant to prima facie establish a case of negligence before they are entitled to an interim award from the Insurance Company. Fourthly, even the police has not found any negligence on the part of the driver. For it has neither recorded a FIR, nor submitted a challan against the driver of the offending vehicle. Lastly, initially it is the duty of the owner of the offending vehicle to pay the interim award and not the responsibility of the Insurance Company.;