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2007 Supreme(Jhk) 375
M.Y. Eqbal and D.K.Sinha, JJ.
National Insurance Company Ltd. – Appellant
Versus
Lalit Bhagat @ Walit Bhagal & Anr. – Respondents
MA No. 113 of 2003
Decided on : 30.4.2007
For the Appellant : Mr. Basav Chatterjee.
For the Respondents: Mr. Ashutosh Anand.
Headnote:Motor Vehicles Act, 1988 – Section 173 appeal against interim award on the ground that deceased was traveling in a truck as barat party – it be decided in main application – appeal dismissed (Para -2)
Heard the counsel for the parties.
2. This appeal by the Insurance Company is directed against the interim award passed by the Tribunal under Section 144 of the Motor Vehicle Act. The contention of the appellant is that the deceased was travelling in a truck as Barati party. It is not clear from the judgment whether the vehicle was hired or the deceased was travelling as a gratuitous passenger. In our view, it is a matter to be decided in the main application under Section 166 of the M.V. Act. We are not inclined to interfere with the impugned award. This appeal is dismissed.
