1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR F. A. No.1107 of 2007. New India Assurance Co.Ltd. Vs. Smt. Indira wd/o Ramlal Verma & others. ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Coram: B.P.DHARMADHIKARI, J. Dated : 15th FEBRUARY 2008. This appeal is to be disposed of at the stage of admission hearing as per orders passed on 19-12-2007. The contention of Advocate Shri M. B. Joshi appearing for the Insurance Company is that the Truck, which was insured with the appellant Insurance Company bearing No. MH-31/9253, has not met with an 2 accident, and the death has not occurred on account of use of the said truck by driver Ramlal. He has invited the attention to the First Information Report in this respect as lodged in Court No.9th of Judicial Magistrate First Class, Nagpur, by police station MIDC Nagpur. He vehemently, argues that the First Information Report clearly shows that the vehicle along with the scrap was parked in front of Jaika Motors. Other Trucks were also parked there. Driver Ramlal then went to have liquor with other drivers in their truck. He points out that while coming back to the place, where insured truck was parked, he fell down from some other truck, suffered injury, and in that injured condition, he slept in his 3 own truck i.e. Insured Truck and died. He, therefore, argues that this Final Report itself shows that the insured vehicle is not met with an accident. He, therefore, states that MACT has erroneously passed the impugned order, and he alternatively argues that the proceedings before the MACT can be allowed to be expedited so as to thrash out the controversy. Advocate Shri S. S. Godbole on the other hand states that very same final report clearly shows that Ramlal proceeded to liquor shop in his own truck, and fell down from the said truck i.e. MH-31/9253. Perusal of final report shows that in para which ends at the last page, words used are 4 These words are being interpreted by Shri Godbole to mean that his own truck, while Advocate Joshi states that the said word is i.e. the truck belonging to other persons. The final report is not very clear in this respect. The proceedings are only for determination of no fault liability, and as such, I find that the order impugned cannot be disturbed at this stage. Advocate Mr. Joshi states that if ultimately the Insurance Company succeeds, it can recover the amount so claimed from the real owner of Truck No. MH-31/9253. Appeal is, therefore, dismissed. Parties are at liberty to move the Motor Accident Claims 5 Tribunal for expeditious disposal of the proceedings. CIVIL APPLICATION NO.1211 OF 2008. As the appeal is dismissed, the application is granted. The respondents no.1 to 5 are permitted to withdraw the amount which is deposited with the Registry of this Court. The interest upon said amount of Rs.50,000/- shall be decided at the time of final adjudication of the claim petition. JUDGE Sbm