- (1.) Heard learned Counsel for the parties.
(2.) This appeal has been filed against the Award dated 18.7.2008 passed by Sri Indra Deo Mishra, learned 6th Addl. District Judge -cum-Motor Vehicles Accident Claim Tribunal, Dhanbad in Title (M.V.) Suit No. 101/97, whereby the claim of the claimants was accepted by the Tribunal. However, the Insurance Company was exonerated and it was held that it is the owner of the vehicle who is liable to make compensation to the claimants. Prior to the present appeal which is filed by the owner of the vehicle to challenge the Award, another appeal was filed by the Insurance Company in which the Tribunal held the Insurance Company liable. While setting aside the order of the Tribunal this Court has observed, in M.A. No. 49 of 2004, as under: Admittedly the serious dispute involved in the case was whether the cover note issued on 23.6.97, by making interpolation the date was changed as 22.6.97. If this allegation of interpolation is proved then certainly Insurance Company shall have no liability for payment of compensation. We are of the view that it is a fit case where the matter should be remanded back to the Tribunal to decide the issue as to whether there exists interpolation in the cover note or not and thereafter decide the claim case afresh. For the aforesaid reasons, this appeal is allowed. The impugned order is set aside and the matter is remitted back to the Tribunal to decide the case afresh by framing a specific issue and giving finding on that issue as to whether there appears interpolation in the cover note (Ext. A- 1)
(3.) The present decision of the Tribunal has come after the decision of appeal at the instance of the Insurance Company in which the aforesaid has been observed.;