IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.543 of 2007 NEW INDIA ASSURANCE COMPANY through Sri Dibakar Bag, Deputy Manager-cum-Duly Constituted Attorney, New India Assurance Company, Regional Office, 6th Floor, BSFC Building, Fraser Road, P.S. Gandhi Maidan, Patna ….Opposite party no.2/ Appellant Versus 1. MAULA DEVI wife late Shyam Babu Rai, resident of village- Sukumarpur Diar, P.S. Raghopur, District- Vaishali at present resident of Camasico Kauakhoh Ward No.3453, Circle No.185, P.S. Chowk, Patna City, District- Patna & …Claimant 2. Sri B. L. Arya son of Late Ram Nivas Arya, Proprietor of Freight Carriers of India, Resident of 2-B Ganesh Chandra Avenue, Kolkata-13, West Bengal ….Opposite party no.2/ Respondents ----------- 4/ 04.02.2011 Heard the parties. The appellant has assailed the order dated 06.07.2007 passed by the Motor Vehicles Claims Tribunal-cum-District Judge, Patna, in Claim Case No. 71 of 2007, by which interim compensation of Rs.50,000/- under section 140 of the Motor Vehicles Act,1988, has been ordered to be paid to the claimant. It has been submitted on behalf of the appellant that it is the case of the claimant that her husband had been kidnapped by some accused persons and thereafter done to death. There was no cogent proof about the death of the deceased despite which interim compensation has been ordered to be paid to the claimant. It has further been submitted that in the facts of the case there should have been a definite finding that the death had allegedly occurred and was covered under the policy and in absence of such a finding the order impugned is liable to be set aside. Accepting the arguments advanced herein, I set aside the order dated 06.07.2007 passed by the Motor Vehicles Claims 2 Tribunal-cum-District Judge, Patna, in Claim Case No. 71 of 2007 and remand the matter to the court below for expeditious disposal of the claim under section 140 as well as 166 of the Motor Vehicles Claims Act. The amount of Rs.25,000/- (twenty five thousand) deposited in this court shall be remitted to the court below for needful. The appeal is, accordingly, allowed. JA/- ( Anjana Prakash,J.)