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2016 DIGILAW 1806 (RAJ)

United India Insurance Company Limited through Deputy Manager, T. P. Hub v. Sushila Devi W/o Rama Kishan

2016-12-13

VIJAY BISHNOI

body2016
ORDER : Mr. Vijay Bishnoi, J. 1. This Civil Misc. Appeal has been filed by the appellant - Insurance Company being aggrieved with the judgment and award dated 20.8.2016 passed by the MACT, Parbatsar, District Nagaur, whereby, the Tribunal has allowed the application under Section 140 of the Motor Vehicles Act, 1988 filed on behalf of the claimant-respondent Nos.1 to 3 and directed the appellant - Insurance Company to deposit a sum of Rs. 20,000/- each in the bank account of the respondent-claimant Nos. 1 and 2 and to deposit an amount of Rs. 10,000/- in the fixed deposit in the name of respondent No. 1. 2. Learned counsel for the appellant has argued that as a matter of fact, the vehicle insured with the appellant - Insurance Company was not involved in the accident and therefore, the Tribunal has grossly erred in directing the appellant - Insurance Company to pay an amount of Rs. 50,000/- as interim award. 3. Heard learned counsel for the appellant and perused the impugned judgment. 4. The Tribunal has specifically dealt with the objections raised by the appellant - Insurance Company and held that whether the vehicle insured with the appellant - Insurance Company was involved in the accident or not is a question which can only be decided after framing of issues and taking evidence on it and the same cannot be determined at this stage. 5. This Court is also of the opinion that whether the vehicle insured with the appellant - Insurance Company was involved in the accident or not is a question which can only be decided after framing of issues and taking evidence on it and it cannot be decided at this stage. 6. Hence, no interference is called for by this Court in the impugned judgment and award passed by the Tribunal. 7. The civil misc. appeal is dismissed accordingly. Stay petition also stands dismissed.