1. The legal heirs of respondent No.1 are already on record and respondent No.5 is allowed to be deleted.
2. By way of this appeal, the appellant–Insurance Company has challenged the order dated 30.11.2004 passed in Motor Accident Claims Petition No.175 of 2002, filed under Section 163-A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal, Nadiad, whereby the Tribunal has awarded Rs.1,64,500/- as interim compensation together with interest at the rate of 9% p.a. from the date of this application till the realization.
3. The learned advocate for the appellant has contended that the Insurance Company is not liable to satisfy the award because the deceased was traveling in a tractor and his risk was not covered under the policy of the vehicle. The learned advocate for the appellant has relied upon the decision of Apex Court in case of National Insurance Company Vs. Sinitha and Others passed in Special Leave Petition (C) No.6513 of 2007.
4. I have heard the learned counsel for the appellant and perused the record as well as order passed by the Tribunal under Section 163-A of the Motor Vehicles Act. It is apparent from the record that deceased-Arvindbhai had gone for labour work in Tractor bearing Registration No.GJ-7-AA-5204. Therefore, prima-facie, it appears that the liability of paying compensation is required to be examined, in view of the decision in case of National Insurance Company Vs. Sinitha and Others passed in Special Leave Petition (C) No.6513 of 2007.
5. Therefore, the order dated 30.11.2004 passed in MACP No.175 of 2002 is set aside, the matter is remanded to the Tribunal for considering the liability of making payment towards compensation. The Tribunal is directed to decide the matter, within one year from the date of receipt of this order. However, to protect the interest of the original applicant, the deposited amount will remain deposited in FDR and interest accrued thereon will not be disbursed to the original claimants. The entire amount will be given to the party, who succeeds in the claim proceeding. The appeal stands disposed of accordingly.
[K.S.JHAVERI, J.]
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