IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.120 of 2010 BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD. BRANCH NO.3 Versus ASHOK KUMAR & ORS. ----------- 2 20.05.2010 Heard the learned counsel Sri Shailendra Kumar on behalf of the appellant. This Misc. Appeal has been filed by the National Insurance Company Ltd. against the order dated 09.12.2009 passed by the learned Ist Additional Sessions Judge-cum-Motor Vehicles Accident Claim Tribunal, Nawada in Claim Case No. 66/07 whereby the learned tribunal has directed the appellant-insurance company to pay interim compensation of Rs 50,000/- to the claimants. The learned counsel for the appellant raised only one question before this court and submitted that the insurance policy filed by the claimant in the court below is forged, and therefore, the learned court below should not have relied upon the forged insurance policy. From perusal of the impugned order, it appears that the insurance policy was filed by the claimant. According to the appellant the said insurance police is forged. This is pure question of fact and can be established only after adducing evidence. While passing order under section 140 of the M.V. Act, the tribunal is not required to follow the full-fledged procedure required for 2 decision u/S 166 of the M.V. Act. It appears to me that the defence of the appellant, at this stage, is premature. However, if the appellant will adduce evidence in support of his contention, the learned tribunal shall decide this question also at the time of final judgment and award u/s 166 of the M.V. Act. For the reasons stated above, I find no reason to interfere with the impugned order passed by the learned tribunal. In the result, this Misc. Appeal is dismissed. The statutory amount of Rs 25,000/- deposited by the appellant may be transferred to the lower court so that the said amount be paid to the claimant. The insurance company-appellant is further directed to deposit the rest amount of Rs 25,000/- within 15th of July, 2010. akv/- (Mungeshwar Sahoo,J.)