NEW INDIA ASSURANCE CO LTD Vs. NATHUN SAO

JUDGEMENT

(1.) THIS appeal is directed against the order dated 25 -6 -1999 passed in M.V. No. 28/5 of 1995/1998 by the 3rd Additional District Judge -Cum -Motor Accident Claims Tribunal, Aurangabad (Bihar) whereby and whereunder the learned Tribunal has held the appellant -Company liable for payment of ad interim compensation to the claimant and directed to pay Rs. 50,000/ -as ad interim compensation for the death of Raju Kumar Agrawal, who met with an accident from a truck bearing No. BRB 6871 within a month of this order, failing which the Tribunal has held the claimant to be entitled to recover the amount of ad interim compensation with interest under due process of law.

(2.) INITIALLY , learned Counsel for the appellant contended that the impugned order is bad in law inasmuch as the objection of the appellant that the deceased was a gratuitous passenger has not been considered and awarded the interim compensation under Section 140 of the Motor Vehicles Act m violation of the decision of this Court in the order dated 17 -2 -1999 passed in Miscellaneous Appeal No. 109 of 1998, reported in 1999 (1) PLJR 870. In this regard, later a Division Bench of this Court in the case of Kanhai Rai and Ors. v. Sri Dharampal and Ors. reported in 2001 (3) PLJR 103, has held as follows:

(3.) THE appeal is, thus, permitted to be withdrawn with the liberty aforementioned.