Judgment : GURUSHARAN SHARMA, J. ( 1 ) HEARD the parties. It is unfortunate that Compensation case No. 43 of 1997, filed under section 166 of the Motor Vehicles Act, 1988 for compensation in respect of death of Umesh karjee in a motor accident dated 1. 2. 1977 is still pending at the preliminary stage and its hearing has not commenced as yet. In the meantime both the original claimants, namely, the father and the grandmother of the deceased also died. Swadhin Karjee who is nephew of late Munsi Karjee, father of the deceased, claiming to have also been adopted as son by Munsi Karjee, after the death of his only son, by virtue of registered deed dated 19. 2. 1998, filed petition for being substituted as claimant, which was allowed on 5. 7. 1999. The substituted claimant thereafter filed an application under section 140 of the Act for grant of interim compensation, which was allowed on 2. 8. 1999. The insurance company challenged the said order in this court in M. A. No. 285 of 1999 which was disposed of on 19. 2. 2001 and the matter is remitted to the Tribunal to decide the objection of the insurance company of the entitlement of swadhin Karjee for interim compensation. The Claims Tribunal by impugned order dated 8. 2. 2002 held him entitled to receive the same. The insurance company has again challenged the said order in the present appeal. ( 2 ) COUNSEL for the appellant submitted that admittedly Swadhin Karjee was more than 15 years old at the time of alleged adoption and as mentioned in the adoption deed dated 19. 2. 1998, he was aged about 23 years and hence, unless it is proved that there was such a custom or usage that a person, who had completed the age of 15 years could also have been taken in adoption Umesh Karjee cannot be accepted as legally adopted son of late Munsi Karjee. He can also not be called a legal representative of the deceased, as required under section 166 of the Act and after death of the original claimants the compensation case itself became infructuous. He can also not be called a legal representative of the deceased, as required under section 166 of the Act and after death of the original claimants the compensation case itself became infructuous. ( 3 ) WE find substance in the aforesaid submission made on behalf of insurance company, which is required to be considered at the time of hearing of the compensation case, on the basis of evidence brought on record by the parties. ( 4 ) BY way of interim compensation the tribunal has awarded a sum of Rs. 50,000 payable to the substituted claimants. The insurance company has already deposited a sum of Rs. 25,000 by way of statutory amount in M. A. No. 285 of 1999 vide challan No. J-134 dated 11. 2. 2000 which has not been withdrawn and is lying in deposit, further a sum of Rs. 25,000 has again been deposited in this appeal by challan No. 159 dated 28. 8. 2002. ( 5 ) WE, therefore, direct that the orders whereby interim compensation amount has been granted and Swadhin Karjee has been held entitled to receive the same be kept in abeyance till final disposal of the compensation case and the aforesaid total amount of Rs. 50,000 lying in deposit in this court, at the instance of insurance company be not permitted to be withdrawn either by swadhin Karjee or National Insurance Co. Ltd. Swadhin Karjee may apply for withdrawal of the aforesaid amount only after he is able to establish his entitlement to get compensation under section 166 or if the compensation case is held infructuous after death of original claimants then the insurance company may apply for withdrawal thereof. The Claims Tribunal is directed to dispose of the compensation case as soon as possible preferably within a period of three months from the date of receipt of a copy of this order. ( 6 ) THIS appeal is disposed of with the aforesaid directions/observations. Orders accordingly. --- *** --- .