IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.109 of 2004 NATIONAL INSURANCE COMPANY LTD, Regional office at Sone Bhawan Beer Chand patel Path,P.S. Sachiwalaya, District, Ppatna. Versus 1. MADHURI DEVI wife of Munnu Lal Mathur alias Krishna Chandra Mathur 2. Navin Kumar minor son of Munnu Lal Mamthur, 3.Soni Kumari,minor daughter of Munnu Lal Mathur 4.Hema Kumari, minor daughter of Munnu Lal Mathur 5. Rahul Kumar minor daughter of Munnu Lal Mathur, all are resident of Mohalla Bahuar Chaura, P.S. Civil lines, Gaya, District patna. -------- For the appellant : Mr. Shailendra Kumar, Advocate. For respondent no.7: Mr. Durgesh Kumar Singh, Advocate. For the respondent no. 1 : Mr. Ravindra Kumar Sinha, Advocate. -------- 13 23.10.2008 Heard learned counsel for the appellant and learned counsel for respondent no.1 as well as respondent no.7. This Miscellaneous Appeal has been preferred by the National Insurance Company Ltd. Against the order dated 19.1.2004, passed by the VIIIth Additional District & Sessions Judge-cum- Additional Motor Claim Tribunal, Gaya in M.A.C. No. 31/2002/34/2002 whereby and whereunder, the Tribunal has directed the appellant to pay interim compensation of Rs. 25000/- under section 140 of the Motor Vehicles Act (hereinafter referred to as the Act) to the respondent nos. 1 to 5 within one month being half of the total interim compensation of Rs. 50,000/-. The remaining Rs. 25,000/- was to be paid by the Oriental Insurance Company Ltd., the respondentno.7 which is insurer of the other vehicle wherein the deceased was traveling along with others. The claimants have filed a claim case no. 31/2002/34/2002 - 2 - against the appellant and others alleging therein that one Munna Lal Mahuar, was traveling on Tata Spasie bearing Registration No. JH-10A- 5158 .On the fateful day he was going to Parashnath from Gaya. In the midst of his journey the aforesaid vehicle was dashed by a truck bearing registration No. UP-002-4488 which was being driven rashly and negligently. As a result of which the aforesaid Munna Lal Mahuar received fatal injuries and had died. Regarding the aforesaid incident F.I.R. was lodged and after investigation the case was found true and charge sheet has been submitted against the driver of the truck. Respondent nos. 1 to 5, wife and minor children of the deceased have filed the aforesaid claim case under section 166 of the M.V. Act. The claimants have filed a petition under section 140 of the M.V. Act for interim compensation. By the impugned order the learned Tribunal disposed of the petition filed under section 140 of the M.V,. Act in respect of interim compensation and both the insurance companies, that is, National Insurance Company Ltd as well as the Oriental Insurance Company Ltd have been directed to pay Rs. 25,000/- each by way of interim compensation within one month. It has been brought to my notice by the learned counsel appearing on behalf of respondent no.7, Oriental Insurance Company Ltd, that Rs. 25,000/- has already been paid by it in compliance of the impugned order dated 19.1.2004 and, thus, there is no challenge on that part. The appellant National Insurance Company Ltd had - 3 - challenged the part of the order dated 19.1.2004 whereby and whereunder it has been fasten with the liability to pay the remaining Rs. 25,000/-to the claimant by way of interim compensation. Learned counsel for the appellant submits that since the insurance policy was fake one, therefore, the appellant is not liable to pay the amount aforesaid. In support of the aforesaid contention learned counsel relies upon Annexure-2 which is a communication dated 13.2.2004 by the Branch Manager of Branch Office-II, Meerut of National Insurance Company Ltd to the Divisional Manager Meerut wherein it has been stated that the insurance policy seems to be fake. However, on perusal of the impugned order it appears that at the time of hearing of the petition under section 140 of the M.V. Act the appellant could not produce any document or evidence in his support and thus the order was passed. It also appears from the order aforesaid that there has been no prayer by the Insurance Company for deferring the matter on this ground. The impugned order is dated 19.1.2004 whereas the annexure-2 is dated 13.2.2004 that is nearly about a month later. It is well settled that at the stage of consideration under section 140 of the Act, the Tribunal has to take a prima facie view of the matter as it passes an order of payment of interim compensation only. However, the insurer is free to take defence as provided under section 149 (2) of the Act at the time of final determination of the matter under Section 168. The provision of granting interim compensation under section 140 has been incorporated for expeditious disposal of such matters and, thus, for the present I am not inclined to interfere with the impugned order and - 4 - examine the merit of the respective case. As a result I do not find any merit in this appeal which is dismissed accordingly. Learned counsel for the appellant as well as respondent no.7 have jointly informed the court that the Tribunal is yet to dispose of the claim case finally. If that is so, It is made clear that the appellant will have liberty to raise all the grounds which have been raised in this appeal before the Tribunal at the appropriate stage which will decide the matter in accordance with law. In case the appellant is not found liable to pay any compensation by the Tribunal while disposing of the claim case then the appellant will be entitled for refund of money so paid from the person who is found liable by the Tribunal for payment or refund. Office is directed to send the statutory amount deposited by the appellant to the Tribunal concern for its disbursement in favour of the claimant. Rahman/ (Dr. Ravi Ranjan, J)