UNITED INDIA INSURANCE CO LTD Vs. HAZARI

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the order dated June 17, 1991, passed by the member, Motor Accidents Claims Tribunal, Dewas, in Claim Case No. 71 of 1989. By this order, the learned member has directed the appellant to deposit Rs. 7,500 as interim compensation based on 'no -fault' liability.

(2.) SHRI Dandwate, learned counsel appearing for the appellant insurance company, submitted that it is not a question of depositing money. The real difficulty lies in ascertainment of the insurance policy issued by the appellant. Despite the fact that the tractor -owner and the driver are parties to the claim petition, they are not coming forward with the insurance policy, if any. It is this difficulty which the appellant -insurance company is facing and hence this appeal.

(3.) IT was stated at the Bar by Shri Dandwate that it has become extremely difficult for the appellant -insurance company to verify whether the tractor in question has in fact been insured with the appellant. So long as this doubt is not cleared, it is difficult to find on what account the amount as ordered by the Tribunal is to be deposited. The difficulty expressed appears to be quite genuine.