1 S.B. Civil Misc. Appeal No.1722/2008 National Insurance Co. Ltd. vs. Smt. Chanda Derasaria & Ors. S.B. Civil Misc. Appeal No.1722/2008 National Insurance Company Ltd. vs. Smt. Chanda Derasaria and others. Date : 23.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Johari, for the appellant. - - - - - Heard learned counsel for the appellant. The appellant insurance company is aggrieved against the interim award dated 5.3.2008 passed by the Motor Accident Claims Tribunal, Udaipur under Section 140 of the Motor Vehicles Act. The contention of the appellant is that it was a case of negligence of the victim himself as he collided with the stationary vehicle which was lying on the spot since last two days. The said question of fact cannot be determined in this appeal nor has been finally determined by the Tribunal. The same question can be decided in 2 S.B. Civil Misc. Appeal No.1722/2008 National Insurance Co. Ltd. vs. Smt. Chanda Derasaria & Ors. the main case, therefore, the appellant may take the plea in the main case before the Tribunal. In view of the above, I do not find any reason to entertain this appeal. Consequently, this appeal is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya