Judgment 1. This Miscellaneous appeal is directed against the order dated 29th January 1994 passed by the 4th Additional Sessions Judge, Sasaram, Rohtas, in Motor Vehicle Accident Claim Case No. 14 of 1993 whereby the respondent of this Miscellaneous appeal was allowed interim compensation of Rs. 25,000/- (twenty five thousand) under Section 140 of the Motor Vehicles Act. 2. The appellants lawyer submitted before me that the alleged accident, allegedly caused by the appellants bus was denied. As a matter of fact, the respondents son died on account of accident caused by the tractor in which he was travelling. Since the accident by the appellants bus was denied, it was not proper on the part of the lower court to grant interim relief. Of course, the interim relief can be granted without any findings regarding any negligence or fault on the part of vehicle driver or its owner causing the accident; but when the accident itself is denied, no interim compensation can be awarded. 3. In spite of service of notice, the respondent did not appear. Hence, the appeal was heard and the appellants lawyer addressed this Court. 4. Of course, interim relief u/s 140 of the M.V. Act can be granted on the basis of no fault liability but the moot question is whether this relief can be granted when accident itself is denied by the owner of the concerned vehicle, which allegedly caused the concerned accident in which respondent or any claimants relative was killed. I am of the opinion that, when an accident is denied, no interim relief can ever be granted without any evidence/material proving the alleged accident by the owner of the concerned vehicle. I think, the impugned order was passed in haste and without proper application of judicial mind. Hence, it cannot be allowed to stand. 5. In the result, this appeal is allowed and the impugned order is set aside. The respondent is free to lead evidence in the lower court regarding his claim and upon proving the alleged accident by the bus of the appellant. He will be free to seek interim relief before final adjudication of the claim of the trial court, in the instant casethe tribunal.