IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.227 of 2005 THE NEW INDIA ASSURANCE COMPANY Ltd. Through the Regional Manager at Regional Office, B.S.F.C. Building, Fraser Road, Patna. ------ Appellant. Versus 1. GEETA KUWAR w/o. late Brij Kishore Singh @ Munna Singh, 2. Rajan Kumar Singh, 3. Bandana Kumari, 4. Sapana Kumari, Srl. Nos.2 to 4 are minor son & daughters of deceased Brij Kishore Singh @ Munna Singh and under the guardianship of their mother Geeta Kumar. 5. Abhimanyu Singh s/o. late Awadhesh Singh, 6. Atarwaso Devi w/o. Abhimanyu Singh, All r/o. village Jigahi, P.S. Bhabhua, P.O. Manihari, Distt. Kaimur. ------- Respondents. 20 14.11.2008 The appeal was heard under Order 40 Rule 11. The appeal is against the order of interim compensation award of Rs.50,000/- as passed under Section 140 of the Motor Vehicles Act (hereinafter referred to as the Act) as has been directed to be given to the respondent Nos.1 to 6, the widow, children, father and mother of the deceased. The claim case as put forth before the Claims Tribunal 2 was that on the pressure of policeman who were boarding the jeep, the driver of the jeep was driving the vehicle for the purpose of patrolling and nabbing the Naxalites and as a result of blasting of mines led by the Naxalites it caused the death of the owner, who was driving the vehicle as well as six police personnel, who were boarded on the jeep. During hearing the learned Claims Tribunal passed an order for payment of the said interim compensation made by the Insurance Company i.e., the appellant here who had insured the vehicle. The lower court’s record has been called for. The record showed that interim amounts had already been deposited by Insurance Company i.e., the appellant and the amount has already been paid to the claimants. Learned counsel for the appellant argued that in this case the vehicle has been requisitioned by the State Government for the purpose of patrolling and nabbing the Naxalites and that in such case the State Government is liable. There is nothing on record to show that the vehicle has been requisitioned by the State Government. Even the 3 case of the claimants is that the owner was driving the vehicle at the pressure of some policemen who were moving on the vehicle for suppressing the Naxalite activities. At this stage no findings can be given on the points as raised by the learned counsel for the appellant. Moreover, the amounts of interim compensation has already been paid to the claimants. In these circumstances, I find nothing at this stage to interfere with the order as passed by the court- below, hence, this misc. appeal stands dismissed. It would be at liberty to the appellant to raise these points before the court-below which would be considered by the court- below at the time of final disposal of the case. As requested, the appellant is permitted to withdraw the amount of Rs.25,000/-, the security amount for filing this appeal as deposited before this Court. Mkr. (C.M. Prasad, J.)