2025:JHHC:36437 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 472 of 2018 United India Insurance Company Ltd., represented through Divisional Manager, United India Insurance Company Ltd., Divisional Office Dhanbad, Jharkhand (Insurer of Tanker No. JH-093151) represented through its Sr. Divisional Manager, Ranchi Division, Vypar Bhawan, Lalji Hirji Road, Main Road, Ranchi, P.O. Ranchi, P.S. Kotwali, District Ranchi, Jharkhand. .... .... Appellant Versus 1. Nutan Devi, wife of Late Shailendra Prasad Sharma 2. Rakhi Kumari, daughter of Late Shailendra Prasad Sharma 3. Ankit Kumar (Minor) son of Late Shailendra Prasad Sharma 4. Bibhuti Kumar (Minor) son of Late Shailendra Prasad Sharma Plaintiff No.3 and 4 are represented through natural guardian i.e. mother, Nutan Devi (Plaintiff No.1/Respondent No.1) All are resident of Babudih, P.O. B. Polytechnic, P.S. Dhanbad, District Dhanbad, Jharkhand. … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant :Mr. G.C. Jha, Advocate For the Respondents : ------ Order No. 07 / Dated : 03.12.2025. 1. Insurance Company is in appeal against the judgment and award of compensation under Section 140 of the M.V. Act in Motor Accident Claim Case No. 284/2013, whereby and whereunder, Rs. 50,000/- has been awarded as compensation to the claimants (respondent nos. 1 to 4). 2. The main ground of appeal is that the offending truck bearing registration no. JH-09-3151 was not under its insurance cover at the relevant time of accident. In support of this contention, the photocopy of the endorsement schedule has been filed as Annexure-2 and 2/1. 3. The main point for determination before this Court is whether the validity of insurance policy can be examined in appeal arising out of ad-interim compensation awarded under Section 140 of the M.V. Act. 4. There cannot be any two opinions that if the vehicle is not insured, the insurance company shall not be liable even under Section 140 of the M.V. Act to pay the compensation amount. However, when this issue was not properly raised by the Insurance-Company before the learned Tribunal, it cannot be agitated in appeal for the reason that the issue of validity of insurance policy can be adjudicated during trial in a proceeding under Section 166 of the M.V. Act. 2025:JHHC:36437 5. Notices were earlier issued, but the owner has not appeared and it will not be for the ends of justice to pass an order regarding the validity of the insurance policy without his presence. Furthermore, no petition under Order XLI Rule 27 of the CPC has been filed for adducing the Annexure-2 into evidence. 6. Under the circumstance, this Miscellaneous Appeal stands dismissed. Interlocutory Application, if any, is disposed of. Statutory amount be remitted to the learned Tribunal for disbursement to the claimants. (Gautam Kumar Choudhary, J.) Pawan/ - Uploaded 06.12.2025