ORIENTAL INSURANCE COMPANY LTD Vs. SUNDRI HAMBROM

JUDGEMENT

(1.) Heard counsel for the Insurance Company.

(2.) The instant Misc. Appeal has been preferred against the Order dated 12.06.2006 in Compensation Case No. 109 of 2003[Sundri Hembram and Ors. v. Srikant Pasndey and Anr.]. The order is passed under Section 140 of the Motor Vehicles Act granting an ad-interim compensation under the principle of No Fault Liability envisaged under the Act.

(3.) The instant case is of a death. The submission on behalf of the Insurance Company is that the owner has not yet put in appearance and the Insurance Policy is a lake Policy. The original Insurance Policy has not been brought before the Court and in the event it is fake, it is the liability of the owner of the vehicle and not the Insurance Company.