NATIONAL INSURANCE COMPANY LTD Vs. SABITRI DEVI

JUDGEMENT

(1.) This appeal is directed against the order dated 20.08.2011 passed by the learned District Judge, Sahibganj cum - Motor Accident Claim Tribunal in MAC Case No.03 of 2011, whereby the interim compensation of Rs.50,000/-, under Section 140 of the Motor Vehicles Act, has been awarded on account of death of Goberdhan Yadav, the father of respondent Nos.02 & 03 and the husband of respondent No.01.

(2.) Mr. D. C. Ghose, learned counsel, for the appellants has submitted that the application under Section 140 of the Motor Vehicles Act, 1988 (For short Act) was filed for payment of interim compensation on account of death of one Goverdhan Yadav, the husband and father of claimants, i.e., respondent Nos.01, 02 & 03. It is argued that the claimant had filed insurance policy bearing No.850121/17/34/08 alleged to have been issued by National Insurance Company, Ltd., Branch Office at Kasim Bazar, Murshidabad. The appellant in his written statement has categorically asserted that the Insurance Company does not have any Brach at Kasim Bazar, Murshidabad and the aforesaid insurance policy was a fake and forged document. That the court below without ascertaining the genuinity or veracity of the insurance policy has passed the order fixing liability upon the Insurance Company to pay the interim compensation of Rs.50,000/- (Rupees Fifty Thousand) and recover the amount from the owner.

(3.) Per contra, Mr. Raja Ravi Shekhar Singh, learned counsel, for respondent No.05 and Mr. S. Thakur, learned counsel, for the claimant have submitted that the court below has discussed the provisions of law and held that even if the insurance policy is found to be fake, the court can order interim compensation to be paid by the Insurance Company and the said amount can be recovered by the Insurance Company from the owner.