IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.460 of 2005 National Insurance Company Ltd. through Pravin Kumar Sinha, Posted as A.A.O., at Regional Office, Sone Bhawan, Birchand Patel Marg, Patna-1. . . . . . . . Opposite Party no.3--- Appellant. Versus 1. MANRUPI DEVI, wife of Late Dhaneshwar Sharma, village- Noorjamanpur, Milki Tola, P.S. Ballia, District- Begusarai. . . . . . Claimant-Respondent no.1. 2. Md. Moin son of Md. Nizam, village- Milkichak, P.S. Ballia, District- Begusarai, Driver of the vehicle. . . . . Opp. No.1- Respondent no.2. 3. Amarjit Kumar Sinha, son of Dwarika Prasad, Resident of Village Chhoti Ballia Bazar, P.S. Ballia, District- Begusarai, Owner of Vehicle. . . . . . . O.P. No.2 – Respondent no.3. ----------- 8/ 17.03.2010 Heard learned counsel for the appellant as well as learned counsel for the claimant. The National Insurance Company Limited (hereinafter referred to as Insurance Company) filed this appeal against the judgment dated 22.08.2005, passed by 6th Additional District Judge- cum-M.A.C.T., Begusarai, whereby he directed the Insurance Company to pay a sum of Rs. 89,500/- with interest at the rate of 9 % per annum from the date of the order, till date of actual payment. Learned counsel for the appellant submits that one late Dhaneshwar Sharma, husband of the claimant Manrupi Devi, was knocked down by Tata 407, vehicle bearing registration no. BR 09 M 9070 on 05.04.2000 at 7.00 A.M. He further submits that the vehicle was insured some time in the afternoon. Counsel for the claimant submits that at the time of accident, the vehicle had an insurance cover and in any view of the matter, she would be entitled for the claim of compensation either from the Insurance Company or by the owner of the vehicle. - 2 - After hearing the counsel for the parties, I remit the matter to the learned Tribunal to hear the matter afresh, whether the vehicle was insured at the time of accident or not and as to who would be the responsible for making payment of compensation, if any. The court below shall issue notice and hear all the concerned parties before adjudicating afresh. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)