ORIENTAL INSURANCE CO. LTD. Vs. MEHRAN

JUDGEMENT

(1.) Despite service, respondent No. 3 has not appeared. This Appeal is filed against the order/award dated 09-11-2012 passed by Motor Accidents Claims Tribunal (MACT), Srinagar, on an application filed u/s. 140, Motor Vehicles Act, 1988 (for short Act of 1988), whereunder the appellant -- Insurance Company, has been directed to pay interim compensation to the tune of Rs. 25,000/- to respondent No. 1 -- claimant. The ground projected by the appellant -- Insurance Company is that the Cover Note, which has been placed on the record of the Claim Petition by respondent No. 1 and which has become basis for passing of the interim award, is not genuine but fake one.

(2.) Learned counsel for the appellant submitted that before disposal of the application u/s. 140 of the Act of 1988, two applications were filed by the appellant before the MACT and in one of the applications, it was specifically pleaded that the Cover Note is not genuine but a fake document and under such circumstances, the appellant -- Insurance Company cannot be fastened with the liability of paying the interim compensation. Learned counsel invited attention of the Court to the impugned interim award and submitted that the MACT has not made reference to these applications and the documents placed on the files of the Claim Petition by the appellant -- Insurance Company. He submitted further that without even taking a prima facie view about these documents, the interim award could not have been passed.

(3.) Learned counsel for respondent No. 1 submitted that the issue raised would require to be enquired into by the Tribunal while considering the main Claim Petition and at this stage the appellant - Insurance Company shall have to satisfy the interim award passed by the MACT. Learned counsel further submitted that if, ultimately, it is proved that the Cover Note is fake one, in such eventuality, direction can be issued by the MACT for recovery of the amount from the owner of the vehicle.