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2001 DIGILAW 958 (RAJ)

New India Assurance Company Ltd. v. Amra

2001-05-29

J.C.VERMA

body2001
JUDGMENT 1. - All the three misc. appeals arise out of the similar accident and therefore are being decided together. 2. The insurance company has come up against the interim order dated 8.3.1999 of compensation passed under section 140 of the Motor Vehicles Act, 1988 in Misc. Application No. 104/97. 3. In the claim application, tractor No. RJ-09-R 2670 had overturned as a result of which wife of Amra had died on the spot and other members of the party were injured. Claim application was filed. The Tribunal had awarded the interim compensation under section 140 of the Motor Vehicles Act. Being aggrieved the present appeal has been filed. 4. It is the contention of the appellant that the insurance company was not liable and cannot be made liable in the accident caused by the tractor which was not being used for agricultural purposes. 5. After hearing learned counsel for the parties. I do not agree with the contention. The order for interim compensation under section 140 of the Motor Vehicles Act is made for immediate relief irrespective of the fact whether there is any liability or negligence. Even otherwise, no appeal is maintainable against such an order as such an order is not the award. It is the award which can be challenged in appeal under section 173 of the Motor Vehicles Act. 6. I find no reason to interfere in the misc. appeals. All the three misc. appeals are dismissed.Appeal dismissed. *******