NEW INDIA ASSURANCE CO LTD Vs. SATTO

JUDGEMENT

(1.) By way of the present appeal filed under Section 173 of the Motor Vehicle Act, 1988 (for short as 'Act'), the Appellant/New India Insurance Company has challenged the impugned order dated 23rd April, 2008 passed by Sh. Pradeep Chaddah, Judge, MACT, Delhi vide which the appellant was directed to pay interim compensation of Rs.50,000/- as envisaged under Section 140 of the Act, to the claimants.

(2.) The main grievance of the appellant is that the deceased was a Gratuitous passenger in the vehicle which was meant for carrying goods and hence the Insurance Company is not liable. Furthermore, it is a question of evidence as to whether the deceased was travelling in the tempo in the capacity of owner of the goods or as a gratuitous passenger at the time of accident and it could be proved only on the basis of evidence and as such finding given by the Tribunal that the deceased was travelling as a Gratuitous passenger, will prejudice the rights of the appellant, in defending the case on merits at the time of trial.

(3.) For awarding interim relief under Section 140 of the Act, the Tribunal is required to see prima-facie, the factum of accident involving the vehicle and the factum of death of the person in a road accident.