Heard counsel for the Insurance Company.

2. The instant Misc. Appeal has been preferred against the order dated 12.6.2006 in Compensation Case "No. 109 of 2003 [Sundri Hembran and Others vs. Srikant Pandey and Another]. The order is passed under Section 140 of the Motor Vehicles Act granting an ad-interim compensation under the principle of 'No Fault Liability' envisaged under the Act.

3. The instant case is of a death. The submission on behalf of the Insurance Company is that the owner has not "yet put in appearance and the Insurance Policy is a fake Policy. The original Insurance Policy has not been brought before the Court and in the event it is fake, it is the liability of the owner of the vehicle and not the Insurance Company.

4. Learned counsel has placed reliance on a Division Bench decision of the this Court in the case of The Oriental Insurance Company Ltd. vs. Rahim Ansari and others, 2003(1) JCR 622 [: 2005(4) JLJR 112]. The Division Bench lays down the principle that the liability of the insurer to pay the Award come into operation only when the Court arrives at a definite conclusion that the Insurance Company had insured the vehicle and the Policy was effective at th