NATIONAL INSURANCE CO LTD Vs. NARENDRASINH NARPATSINH CHAMPAVAT

JUDGEMENT

(1.) HEARD. This is an appeal by the Insurance Company challenging the award under Section 140 of the Motor Vehicles Act, 1988. Obviously, this award is in the nature of an interim award which is subject to the adjustment against the award which may be passed in the main claim petition.

(2.) LEARNED advocate for the appellant has submitted that the liability of insurance company shall be to the extent of Rs. 12,500/- which has been deposited by the appellant before the Registry of this Court. He submitted that the issue of fake cover note/policy is not considered by the Tribunal.

(3.) IF ultimately the claimants succeed in the main claim petition, the amount lying in FDR shall be paid to the claimants. In case, the claimants fail in the main claim petition, the said amount shall be withdrawn by the Insurance Company.