IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.259 of 2007 NEW INDIA ASSURANCE COMPANY Versus ARUNIMA PRASAD & ORS ----------- 3. 12.5.2009 Heard Mr. Ashok Priyadarsi, learned counsel for the appellant. It is really unfortunate for this Court to note that even if the Tribunal had before it the contentious issues raised as with regard to liability of the Insurance Company vis-à-vis the owner confined on the sole issue of date of accident vis-à-vis the date of insurance coverage, it has disposed of the matter in a routine mechanical manner merely by recording the submission of the parties and without deciding the correctness of such stand of either party. According to the appellant Insurance Company, the vehicle was ensured but not for the day in question on which the accident had taken place and the owner of the vehicle also had admitted that an accident had taken place from his vehicle but then he took a plea that the vehicle was ensured on that day. This issue thus could have been very well decided by looking into the original insurance coverage order and/or 2 the policy on the basis of which alone any liability either in terms of interim compensation or final compensation would have been passed. That having been not done, this Court would not find necessity of issuing notice either to the claimant or to the owner of the vehicle because a period of more than two years has already been lapsed since the date of filing of this appeal and the matter still remains at the stage of fixation of the liability of payment of interim compensation u/s 140 of the Motor Vehicle Act whereas by now the main compensation case itself could have been decided. That being so, this Court would set aside the impugned order and remit the matter back to the Tribunal to reconsider the issue of payment of interim compensation afresh within a period of four weeks from the date of receipt of a copy of this order in the light of the observations made above. The Tribunal after deciding the interim compensation in the light of the admitted fact of the accident having taken place as 3 also recorded in the impugned order from the vehicle in question would straightway proceed to also decide the claim case itself within a period of six months from the date of passing the order for interim compensation. The amount deposited at the time of filing of this appeal by the appellant Insurance Company be also sent back to the Tribunal for its being properly accounted for on the basis of the fresh order to be passed by the Tribunal in the matter of payment of interim compensation. It goes without saying that the said amount being sent to the Tribunal will be only paid to the claimants if the Insurance Company if found liable to pay the interim compensation amount. This appeal with the aforesaid observation and direction is finally disposed of. (Mihir Kumar Jha,J.) Surendra/