AQIQUR REHMAN Vs. HUSBUL NISHA

JUDGEMENT

(1.) THE appeal is directed against the order dated 13th of May, 2008 passed by the 9th Additional District Judge, Saran -Cum -Motor Accident Claims Tribunal in Claim Case No.43 of 2006, wherein he, while disposing of the petition for interim compensation filed under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), directed the owner of the offending vehicle to pay the interim compensation of Rs.50,000/ - (fifty thousand) to the claimants. The owner of the said vehicle, being aggrieved by such interim award, has preferred this appeal on the ground that the owner of the offending vehicle was admittedly insured with the respondent -Oriental Insurance Company Ltd. and, as such, the interim compensation ought to have been directed to be paid by the Insurance Company.

(2.) SHORTLY stated, the facts of the case are that the deceased while travelling in a pick -up van bearing registration No.BR -31B/7686 met with an accident resulting into death of deceased Nijam Qurashi. A First Information Report was lodged by the father of the deceased vide Maker Police Station Case No.27/2006 dated 5.6.2006, a copy of which has been annexed as Annexure 2 to the memo of appeal.

(3.) ON the other hand, Mr. Barun Kumar Choudhary, learned counsel appearing for the respondent -Insurance Company opposes the order under appeal and submits that the court below has taken into consideration the First Information Report lodged by the father of the deceased wherein there is no statement to the effect that the deceased was working as a Khalasi and, as such, the court below concluded that the stand of the Insurance Company is genuine.