NATIONAL INSURANCE COMPANY LTD Vs. RAJU

JUDGEMENT

(1.) THE Motor Accidents Claims Tribunal of Gwalior by its order dated 2-5-1995 directed that Rs. 50,000/- be deposited by the appellant-insurance company as interim compensation under Section 140 of the Motor Vehicles Act. Out of the said amount of Rs. 50,000/- an amount of Rs. 20,000/- was directed to be paid to the respondent No. 1 and Rs. 15,000/- each to the respondents 2 and 3.

(2.) THE present appeal has been preferred by the Insurance Company on the ground that in spite of the fact that the vehicle was insured which was involved in the accident, the person died therein was not a bona fide passenger, rather he was a free lifter, and for his death, the insurance company could not be held liable.

(3.) THIS point cannot be raised at this stage at the time of considering grant of interim compensation under Section 140 of the Motor Vehicles Act. The only point for determination before the Tribunal was as to whether the vehicle involved in the accident was insured or not. No other point could be raised by the insurance company at that stage. The other point which could be raised on behalf of the insurance company in respect of its liability can be done at the stage of final award, and considered by the Tribunal.