- (1.) HEARD the parties.
(2.) THE instant appeal has been preferred against the Order dated 18th April, 2009, passed under Section 140 of the M.V. Act, in connection with MACT Case No. 17 of 2007, by District Judge cum MACT, Simdega whereby the appellant/ Insurance Company has been directed to pay Rs.50,000/ - as interim compensation on no fault liability, to the respondent nos. 1 and 2.
(3.) IT is contended by the learned counsel appearing for the respondent that at the time of accident, the Bus was being driven by agent and the driver, who was authorised to drive the vehicle, was absent. Since the insured has violated the terms of Policy, the Insurer cannot be held liable to make payment. It is further contended that in case the interim compensation is paid by the appellant/ Insurance Company, right to recover the same from owner of the vehicle is to be given. Counsel appearing for the claimant/ respondent has opposed the prayer.;