IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.715 of 2011 National Insurance Company Ltd., G.B. Road, Gaya, represented through Shri Anjani Kumar, working as A.O. and duly constituted attorney of National Insurance Co. Ltd., having its Regional Office at 4th Floor, Sone Bhawan, P.S. Sachiwalaya, District-Patna -------------------- Opp.Party no.3---- Appellant Versus 1. Bibi Fatima wife of Late Abdul Ajij. 2. Md. Shamsher, S/o Late Abdul Ajij 3. Md. Zahid Akhtar, S/O Late Abdul Ajij, all resident of Village- Darji Bigha, P.O. Nagmatia, P.S. Madanpur, District- Aurangabad —Claimants—Respondent 1st Set. 4. Sahodri Devi, wife of Late Bachchu Lal Yadav, resident of Village- Rampur, P.O. Rampur, P.S. Rampur, District-Gaya (Owner of vehicle being its registration no.BR-2B/7110) 5. Rajesh Prasad, Son of Awadh Prasad, resident of Village- and P.O. Rampur, P.S. Rampur, District-Gaya ---------- Driver of Vehicle bearing its registration no.BR-2B/7110 --Opp.Party nos.1 and 2—Respondent 2nd Set. ---------------------------------- 02 15-12-2011 Heard Sri Shailendra Kumar, learned counsel for the appellant. The present appeal has been preferred against an order dated 18.07.2011 passed in M.V. Case no.01 of 2009 filed under Section 140 of the Motor Vehicles Act, 1988 (herein after referred to as “the M.V.Act”), whereby the learned court below has directed the appellant i.e. the insurer of the offending vehicle to pay interim compensation of Rs. 50,000/- to the claimants. The interim petition was filed during the pendency of the claim case filed under Section 166 of the M.V. Act. 2 Sri Shailendra Kumar, learned counsel for the appellant has argued that while filing the claim petition, the claimants had deliberately not brought on record the postmortem examination report of the deceased. It was submitted that it was not a case of accidental death, rather it was a case of natural death. The Court is of the opinion that at the time of hearing of petition for interim compensation, there is no requirement to scrutinize all the evidence and, as such, after going through the impugned order I do not find any defect and, as such, there is no material to interfere with the impugned order. Accordingly, the appeal stands dismissed. Before parting with this order, it is desirable to observe that at the time of hearing of petition under Section 166 of the M.V.Act , the learned court below shall direct the claimants to bring on record the postmortem examination report to ascertain as to whether the death had occurred in the vehicular accident or not. With above observation, the appeal stands dismissed. In view of the dismissal of the appeal, office is required to remit back the statutory amount deposited at the time of filing of the appeal, so that said amount may be paid to the claimants. NKS/- ( Rakesh Kumar, J.)