IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.368 of 2004 BRANCH MANAGER, ORIENTAL INSUR Versus DASHRATH MAHTO & ORS. **** /19/ 9 August 2010 Heard the learned counsel for the parties. 2. This Miscellaneous Appeal is directed against the order, dated 12.05.2004, passed by Additional Sessions Judge III-cum-Motor Vehicles Accident Claim Tribunal, Nalanda at Biharsharif, in Claim Case No. 44 of 1998 by which order has been passed for payment of Rs.50,000/- as interim compensation to be paid by insurance company. 3. The learned counsel for the appellant, however, contends that this is a case of collusion between two vehicles and the direction has been given to pay entire amount of interim compensation to the insurer of one of the company and it’s grievance is that order ought to have been made to be paid to insurer of both the vehicles in proportion amount of fifty-fifty and has relied upon a decision reported in 1997 (1) P.L.J.R., 987 (Oriental Insurance Co. Ltd. Vrs. Jagdeo Paswan & Ors.). 4. However, under the facts and circumstances, a direction was issued by this Court that the interim 2 compensation awarded to be paid 50 per cent each by both the insurance company especially to final adjudication at the time of passing of the award. However, under the present facts and circumstances of the case the occurrence is of the year 1997, the order has been passed on 12.05.2004 and the learned counsel for the appellant contends that 50 per cent has already been paid by the insurance company and he is unable to show the status of the case whether the case has been disposed off or what has been decided in the lower Court, hence, I do not feel it proper to pass any order for the apportionment, however, the matter shall be considered at the time of final hearing of the case of the appellant is given the liberty realize the amount from the insurer of the vehicle found responsible for the accident. 5. With these observations and directions, this application is dismissed. Cp:2/S.A. ( Gopal Prasad, J. )