NEW INDIA ASSURANCE CO. LTD. Vs. PALA RAM

JUDGEMENT

(1.) HEARD learned Counsel for the appellant on admission. The appellant New India Assurance Company has come up by way of this miscellanous appeal against the interim award dated 23.2.2001 passed by the Motor Accident Claims Tribunal, Kotputli (for short 'the Tribunal') in Claim Petition No. 341/2000 filed by the claimant i.e. respondent No. 1 -Pala Ram for award of Rs. 16,10,000/ - by way of compensation and Rs. 25,000/ - by way of interim compensation. The learned Tribunal vide aforesaid order awarded interim compensation of Rs. 25,000/ - to respondent No. 1 while the claim petition is still pending for final adjudication by the learned Tribunal.

(2.) THE contention of the learned Counsel for the appellant is that the liability of the either party is yet to be finally determined in the claim petition hence, the respondent No. 1 is not entitled to interim compensation.

(3.) RESPONDENT No. 2 -Shimbhu Dayal (the driver of the truck) was charge sheeted for offence Under Sections 279,337,338 and 304 -A, I.P.C. r/w Sections 134/187 of the Motor Vehicles Act, 1988 (for short 'the Act').