IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.461 of 2006 THE BRANCH MANAGER,THE NEW INDIA ASSURANCE COMPANY LTD., Jha Bhawan, Mirzapur Chowk, Darbhanga, (Insurer of Tractor No. BPF-8737 & Trailer No. BPG 8738) through the Regional Manager, the New India Assurance Company Ltd., Regional Office, BSFC Building, Fraser Road, Patna-1. ….Opposite party no.3/Appellant Versus 1. NIRMALA DEVI wife of Late Dayanand Kumar, 2. Sanjay Kumar Kumar, 3. Manoj Kumar Kumar, both sons of Late Dayanand Kumar, All residents of village- Gangapatti, Abdullahpur, P.S.-Bahadurpur, District- Darbhanga …Claimants/Respondents 4. Ram Sagar Singh, son of Late Indradeo Singh, village- Sinuara, P.S. Bahadurpur, District- Darbhanga …opposite party no.1/Owner 5. Ram Kishore Yadav son of Jagdish Yadav, village- Taralahi, P.S. Bahadurpur, District- Darbhanga …opposite party no.2/Driver ….. Respondents ----------- 10/ 01.03.2011 Heard the parties. The appellant is aggrieved with the order and award dated 24.07.2006 and 02.08.2006 passed by the Accident Claim Tribunal-cum-District Judge, Darbhanga, in Claim Case No.47 of 2005 by which the learned Tribunal has directed payment of rupees fifty thousand as interim relief to the claimants within one month from the date of the order, failing which, interest of 6% per annum will be payable from the date of filing of the application. It has been submitted that, undoubtedly, one Dayanand Kumar lost his life in an accident which took place on 09.06.2004 at 12.40 PM on account of rash and negligent driving of truck no. BPG 8737 and Trailer no.8738 for which Bahadurpur P.S. Case No. 104 of 2004 dated 09.06.2004 was registered. Further submission is that even after concluding that the vehicle was not insured with the appellant, surprisingly, an order has been passed for payment of the 2 claim by the Insurance Company also which is totally ambiguous in the facts of the case. In view of such, the matter is remanded to the Accident Claim Tribunal-cum-District Judge, Darbhanga, to consider the matter afresh as also whether a claim under section 166 of the Motor Vehicles Act would also lie in the facts of the case. With the aforesaid observation/direction, this appeal is disposed of. The statutory amount of rupees twenty five thousand deposited by the appellant shall be remitted to the court below as surety in case the liability is fastened on the appellant as well. JA/- (Anjana Prakash,J.)