Manak Mohta, J. - (1.) THE instant appeal has been preferred by the non claimant No. 3, Oriental Insurance Co. Limited against the Interim Award dt. 21.05.1999 passed by the Judge, Motor Accident Claims Tribunal, Bali Distt. Pali in Claim Case No. 2/1999, whereby the learned Tribunal has passed Interim Award under Section 140 of the M.V. Act on the basis of ''No Fault Liability '' to the tune of Rs. 25,000/ -.
(2.) THE facts of the case, in brief, are that on 05.06.1998, the claimant Dhanna Ram was travelling in a Jeep bearing No. RJ -01T/0008. The jeep was being driven by Chandan Puri (Non -claimant No. 2) rashly and negligently met an accident near Dutharia village on Nadol -Somesher Road. Another Jeep bearing No. RSE 1845 was being driven by Saleem (Driver) rashly and negligently, hit the standing jeep No. RJ -01 -T/0008, in which, the claimant was sitting, on account of which, his left leg was fractured, therefore, he filed a claim petition for compensation to the tune of Rs. 10,32,000/ -. After service of notices, the learned Tribunal passed the interim award under Section 140 of the M.V. Act on the basis of ''No Fault Liability '' vide order dt. 21.05.1999 and directed the appellant -Oriental Insurance Company Limited to make payment of Rs. 25,000/ - as an interim award to the injured -claimant. Being aggrieved by that, the appellant -Insurance Company preferred the appeal before this Court.
(3.) DURING the course of argument, the learned Counsel for the appellant nearly stressed on the point that the concerned jeep No. RJ -01 -T/0008 was insured with the appellant on 08.06.1998, therefore, the risk has been covered from that day. Admittedly, the accident took place on 05.06.1998, therefore, it was urged that the Insurance Company could not be made responsible for the payment of interim award. The learned Tribunal has not considered this aspect of the case before passing the order of interim award. The learned Counsel for the appellant also placed reliance on the judgment given in the case of National Insurance Co. Ltd. v. : (2007)7SCC786 and prayed that the impugned order interim award passed against the appellant may be quashed and set aside and the appeal may be accpeted.;