JUDGMENT 1. - The present Misc. Appeal has been preferred challenging the award dated 12.9.2000 passed by Motor Accident Claims Tribunal, Tonk in MACT case No. 419/98 whereby the Insurance company has been exonerated at the stage of no fault liability. 2. The appeal has been filed to the effect that the Insurance Company ought not to have exonerated from the liability of payment of interim compensation as required under Section 140 of the Motor Vehicle Act and should have been foisted the liability on Insurance company as well. 3. The accident had occurred on 9.9.98 when the claimant was hit by the moped No. RT-26/M-4030. On filing the claim application the Tribunal had ordered to pay compensation Rs. 25,000/- as interim compensation as required under Section 140 of Motor Vehicle Act but had held that the amount should be paid by the owner and not by the Insurance Company. 4. The contention of the counsel for appellant is that the Insurance company cannot be exonerated from its liability at the initial stage, and the interim award of no fault liability should have been fixed against the Insurance company. 5. Counsel for respondent states that the person who was driving the moped was not entitled to drive the vehicle, therefore, the insurance company was not liable to pay any compensation Assuming it to be so, the fact is still to be proved for the purpose of fixing liability. This is irrelevant at the initial stage to exonerate the insurance company for awarding interim compensation only on the ground that insurance company has taken some pleadings of its being not liable to pay final award. 6. After hearing learned counsel for the appellant and going through the impugned award, the order is modified to the extent that the respondents including the Insurance Company shall be liable to pay the interim award. 7. However, the observations made in this order shall not affect the merits of the case, when the claim application is finally decided. 8. With the above observations, the Misc. Appeal is allowed at admission stage.Miscellaneous Appeal allowed. *******