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2001 DIGILAW 171 (JK)

United India Insurance Co. Ltd. v. Presiding Officer, MACT, Baramulla

2001-08-13

SYED BASHIR-UD-DIN

body2001
1. The Motor Accident Claims Tribunal, Baramulla awarded interim relief of Rs.50,000/- to respondents 2 and 3 in claim petition No. 33/97 in respect of one Bashir Ahmad who died due to vehicular accident caused by vehicle with registration mark and number JK01B-3283 owned by respondents 4 and 5 and insured with writ petitioner Insurance Company. The order has been passed on 25-06-98 U/s 140 M.V. Act. 2. Writ petitioner filed an application before MACT, Baramulla seeking revocation of order of grant of interim relief. However the application upon hearing was dismissed on 07-06-2000 and Insurance Company (Writ petitioner herein) was directed to pay interim award. Both orders are impugned in this petition on the ground that the vehicle involved in the accident was insured with petitioner-company a little after the time of accident. In para 4 of the petition it is stated that the accident in question had taken place at 11.45 AM on 07-10-1997, whereas respondent No. 1 was issued insurance cover for the vehicle at 1.10 P.M. on 07-10-1997 itself. The time of accident is on the basis of time recorded in FIR. When the award was passed Insurance Company initially failed to appear to answer claim of interim relief prayed for in the main accident claim. However, thereafter Insurance Co. moved an application before MACT, Baramulla wherein the very ground as putforth in this petition was advanced for seeking revocation of the order. The Presiding Officer of MACT, Baramulla has considered matter minutely. It has come to the conclusion that at the inchoate stage of the claim proceedings before Tribunal the time of accident and time of taking insurance cover cannot be said to be conclusively determined as claimed by the Insurance Company. Admittedly insurance cover was issued on the same date on which date accident took place. The knowledge of time of accident of petitioner is rooted to FIR, copy whereof is not placed as annexure to the writ petition. Besides, this aspect has to be looked into and examined on inquiry when parties lead evidence. It is only then a finding thereto can be recorded. At the stage of award of interim relief, given the context that the provision is beneficial and has social purpose, the Tribunals conclusion that prima facie the case falls within the ambit of Section 140 M.V. Act is justified and sustain-able. It is only then a finding thereto can be recorded. At the stage of award of interim relief, given the context that the provision is beneficial and has social purpose, the Tribunals conclusion that prima facie the case falls within the ambit of Section 140 M.V. Act is justified and sustain-able. The interim award is within parameters of mandatory requirements of law in the given fact situation of this case. This award is within confines of law and passed within jurisdiction. The detailed questions whether the accident in question and the claim put forth thereto is covered by Insurance Policy and the liability of Insurance Co. and in alternative liability of the owner of the vehicle are all matters that will have to await determination on facts and circumstances established on evidence/material before Tribunal. The writ petition is accordingly dismissed.