IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.322 of 2008 REGIONAL MANAGER,NEW INDIA ASSURANCE COMPANY & ORS Versus MOST. SHANTI DEVI & ORS For the appellant : Ashok Priyadarsi, Advocate 07. 21.07.2010 Heard learned counsel for the appellant. None turned up on behalf of the respondents in spite of valid service of notice upon them. This appeal has been preferred against order dated 2.4.2008 passed by 6th Additional District Judge, Fast Track Court, Munger in M.V. Claim Case No. 46 of 2007, awarding interim compensation of Rs. 50,000/- (fifty thousand) to the claimants under Section 140 of the Motor Vehicles act. As it borne out from the impugned order and submissions of learned counsel that on 8.12.2006, there was an accident in between a Truck bearing registration no. WB-37A-1555 and a Boloro jeep bearing registration no. BR-08P-0144, deceased was inside the Boloro jeep both the vehicles were initially proposed to be under insurance of the appellant however the jeep was covered under valid insurance, but again question comes as regard to status of the deceased. So far truck is concerned premium of the insurance was paid by the owner through a cheque, which was bounced due to insufficiency of funds in the account of the owner. Due information to this effect was given to the owner who paid no heed consequently the insurance was cancelled from the date of very initiation in the year 2005. But all such things happened much before the accident took 2 place. Since objections have been raised, it is the duty of the Claim Tribunal to decide all such issues and pass appropriate order, at the same time spirit of the beneficiary legislation and provision as contemplated under Section 140 and 141 of the M.V. Act as regard to payment of fixed amount as interim compensation as no fault basis is required to be expeditiously paid to the sufferers. The court below has under the facts and circumstances of the case committed prima facie no error in directing the insurer to make payment of interim compensation of Rs. 50,000/- (fifty thousand), but at the same time he is not very much specific as regard to determination of such controversy between the owner of the vehicles and common insurer. After some arguments, learned counsel for the appellants was left with no option, but to agree to satisfy the award by making payment to the sufferers, but at the same time with a liberty to recover the same from owners of the vehicles involved in case at final adjudication of the case which is filed under Section 166 of the Act, the Claim Tribunal arrives at the conclusion that either the truck was not insured or status of the deceased is of such a category which was not covered under terms and condition of policy of insurance of the Boloro, where in deceased was travelling. The court below shall cast specific issue to the effect stated above and accordingly decide as per materials available on the record at the time of final adjudication. 3 The appeal is hereby disposed of without any interference in the impugned order, but with observations made above, appellant is directed to make payment of award within a month deducting the statutory amount of Rs. 25,000/- (twenty five thousand) deposited in the Court. The statutory amount of Rs. 25,000/- (twenty five thousand) be transmitted to the court below through demand draft in the name of claimants towards payment of compensation. Praveen (Akhilesh Chandra,J.)