IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2198 of 2008 NEW INDIA ASSURANCE COMPANY LIMITED Versus MOST TETARI DEVI & ORS ----------- 2 16/1/2009 Heard counsel for the petitioner. In the opinion of this Court, the order of interim compensation as originally allowed by order dated 28.5.2007 did not suffer from any such error which could have been reviewed at the instance of the petitioner. Therefore, the court below has not committed any jurisdictional error in refusing such prayer of the Insurance Company by passing the impugned order. That being so, this Civil Revision Application being wholly misconceived is hereby dismissed with a direction to the Insurance Company to pay the amount in question to the claimant within a period of four weeks from the date of receipt/production of a copy of this order. It goes without saying that even if such payment is made, the Insurance Company in the event of its ultimate 2 success will be entitled to refund of the amount. It is also made clear that the issue as to whether vehicle was insured or not can be definitely gone into by the Tribunal by framing a specific issue, if there be sufficient pleadings on record in this regard. With the aforesaid observation/direction this application is dismissed. (Mihir Kumar Jha, J.) Abhay Kumar