NATIONAL INSURANCE CO LTD Vs. ATUL P JOSHI

JUDGEMENT

(1.) The present appeal is against the interim award passed by the Tribunal for interim compensation under Section 140 of the Motor Vehicles Act.

(2.) As such the contentions which are sought to be canvassed by the learned advocate for the appellant in the present appeal are covered by the decision of this Court in the case of Bajaj Allianz General Insurance Co. Ltd. v. Jentibhai Bhimjibhai Ghotiya and another in First Appeal No.1768 of 2007, decided on 30/3/2007. In the said matter, this Court has observed as under:

(3.) However, the learned advocate for the appellant further contended that in the present case, involvement of the vehicle is doubtful in as much as the date of accident is 3/3/2000 and the complaint is filed on 15/3/2002 and the number of vehicle was not given. As per the claimant, the bus came from front side and dashed with him whereas the witnesses have stated that the bus came from the back side. Therefore, the learned counsel for the appellant submitted that the case alleged in the claim petition is not believable and the Court may direct the Tribunal to decide the main claim petition and till then, the amount which has been invested may be ordered to be continued.