IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO(MVA) No.218 of 2002. Date of decision:09.05.2008. New India Assurance Company …Appellant Versus Balbir Singh & Others …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Appellant: Mr.K.D. Sood, Advocate. For Respondent NO.1: None. For Respondents 2 to 4: Mr.Ajay Sharma, Advocate. For Respondent No.5: Ms.Sunita Sharma, Advocate. Dev Darshan Sud,J. This appeal has been preferred by the Insurance Company against the order passed by the learned Motor Accident Claims Tribunal, Hamirpur, awarding a sum of Rs.25,000/- to the petitioner under Section 140 of the Motor Vehicles Act, 1988. The Insurance Company has challenged this order on a number of grounds. This appeal was admitted and the record of the Court was called for. Learned counsel appearing for the appellant places reliance on the judgment of this Court in FAO(MVA) No.429 of 2006, 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 titled: New India Assurance Company Limited vs. Sumna Devi and Others, decided on 26.12.2002, holding :- “It is well settled principle of law that unless the Tribunal is fully satisfied and convinced that the vehicle involved in the accident in fact and in deed is insured with the insurer, it cannot bind the insurer with any liability to pay the award amount.” He urges that this principle is now beyond any doubt having been recognized and enforced by the Supreme Court in Yallwwa (Smt.) and Others vs. National Insurance Co.Ltd. and another, (2007)6 SCC 657, Reading the order of the learned Motor Accident Claims Tribunal, I do not find that it is against the principles of law as laid down in these two judgments. The records of this case have been pending in this Court for the last more than six years. This is a situation which ought to have been avoided under all circumstances and if the records had not been called for, the main trial would have been over and the entire issue regarding the entitlement would have been put to rest. The Insurance Company by seeking aid of the principles of law has factually thwarted the trial for a period of more than six years. In this situation, a direction is issued that the Motor Accident Claims Tribunal shall commence the 3 trial immediately and make all endevour to dispose of the case by 31st December, 2008. A further direction is issued to the Registry to ensure that the records are sent back to the trial Court so as to reach there on or before 31st May, 2008. Parties shall be present in the Court of learned Motor Accident Claims Tribunal, Hamirpur, on 2nd June, 2008. There shall be no order as to costs. Any observation made in this order will not be construed as an expression determining the rights of the parties. It will be open to the Insurance Company to urge and establish that it is not liable to satisfy any claim. May 9, 2008 (Dev Darshan Sud) (aks) Judge.