SBCMA No.1383/2007 National Insurance Co Ltd. Vs. Atul Sharma & Ors. 1 SBCMA No.1383/2007 National Insurance Co Ltd. Vs. Atul Sharma & Ors. DATE OF ORDER : - 24.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. Sanjeev Johari, for the appellant. Mr. Hemant Choudhary, for the respondents. <><><> Heard learned counsel for the parties. The appellant is aggrieved against the award passed under Section 140 of the Motor Vehicles Act, 1988 by which the Motor Accident Claims Tribunal, Bhadra, District Hanumangarh awarded compensation of Rs.25,000/- on account of no fault liability and also held the appellant Insurance Company liable to pay the compensation of amount. According to learned counsel for the appellant the accident occurred at 6.30 AM on 25th Nov., 2004 whereas the vehicle was got insured at 1.30 PM on 25th Nov., 2004, therefore, at the time of accident the vehicle was not insured and the appellant has not covered the risk and the SBCMA No.1383/2007 National Insurance Co Ltd. Vs. Atul Sharma & Ors. 2 tribunal without looking into the documents on record held the appellant Insurance Company liable to pay the compensation amount. I perused the record and found that there is mention of issuance of policy on 25th Nov., 2004. So far as question whether it starts from 25th Nov., 2004 is concerned, that can be well adjudicated by the tribunal after evidence in the main claim petition, but prima facie the appellant company cannot be held liable in view of the facts on record. The issue will be decided by the tribunal in the main petition after evidence and, therefore, at this stage, the appellant Insurance Company cannot be held liable. In view of the above, the appeal of the appellant is allowed. The order of the tribunal dated 6.1.2007 is set aside. It is made clear that the observations made above will not come in way of any of the parties to prove that the vehicle was covered by the Insurance Policy at the time of accident. The record be sent to the tribunal forthwith. (PRAKASH TATIA), J. c.p.goyal/-