- (1.) This appeal is directed against the order dated 20.08.2011 passed by the learned District Judge, Sahibganj cum - Motor Accident Claim Tribunal in MAC Case No.03 of 2011, whereby the interim compensation of Rs.50,000/-, under Section 140 of the Motor Vehicles Act, has been awarded on account of death of Goberdhan Yadav, the father of respondent Nos.02 & 03 and the husband of respondent No.01.
(2.) Mr. D. C. Ghose, learned counsel, for the appellants has submitted that the application under Section 140 of the Motor Vehicles Act, 1988 (For short Act) was filed for payment of interim compensation on account of death of one Goverdhan Yadav, the husband and father of claimants, i.e., respondent Nos.01, 02 & 03. It is argued that the claimant had filed insurance policy bearing No.850121/17/34/08 alleged to have been issued by National Insurance Company, Ltd., Branch Office at Kasim Bazar, Murshidabad. The appellant in his written statement has categorically asserted that the Insurance Company does not have any Brach at Kasim Bazar, Murshidabad and the aforesaid insurance policy was a fake and forged document. That the court below without ascertaining the genuinity or veracity of the insurance policy has passed the order fixing liability upon the Insurance Company to pay the interim compensation of Rs.50,000/- (Rupees Fifty Thousand) and recover the amount from the owner. It is contended that the Tribunal failed to appreciate the fact that the owner or the driver of the vehicle have nowhere denied the assertion of the Insurance Company that the said policy was fake and forged document. It is argued that the owner had challenged the maintainability of the application independently under Section 140 of the Act sans any application under Section 166 of the Act. That the owner of the vehicle had not produced the insurance policy in the court below neither did he state that the said vehicle was insured vide the aforesaid policy. It is urged that though a detailed enquiry is not required to be conducted on an application filed under Section 140 of the Act, but in a case where the insurance policy has been denied by the Insurer, the Tribunal is duty bound to give a finding whether the vehicle is validly insured or not, particularly in an application filed independently under Section 140 of the Act. On the above grounds, learned counsel has submitted that the impugned order is fit to be set aside.
(3.) Per contra, Mr. Raja Ravi Shekhar Singh, learned counsel, for respondent No.05 and Mr. S. Thakur, learned counsel, for the claimant have submitted that the court below has discussed the provisions of law and held that even if the insurance policy is found to be fake, the court can order interim compensation to be paid by the Insurance Company and the said amount can be recovered by the Insurance Company from the owner.;