Judgment 1. Heard Mr. Ajay Kumar for the petitioner, Mr. Awadhesh Kumar Singh for respondent no. 7 (Oriental Insurance Company Ltd.), and Mrs. Rekha Prasad for respondents 1 to 4 (claimants). This appeal is directed against the order dated 13.1.1999, passed by the learned 1st Claims Tribunal Judge, Samastipur, in Claim Case No. 31 of 1995 (Malti Devi and others V/s. Md. Jarif and others), whereby the appellant herein had been directed to pay a sum of Rs. 50,000/- to the claimants (respondents 1 to 4 herein) in terms of Section 140 of the Motor Vehicle Act on no fault basis. 2. While assailing the validity of the impugned order, learned counsel for the appellant submits that in a situation like the present one, where two vehicles were involved in the accident, the owners of the two vehicles and/or the respective insurance companies have to equally bear the liability on no fault baste in terms of Section 140 of the Act equally. He relies on the judgment of a learned single Judge of this Court reported in 1997 (1) P.L.J.R. 987 (Oriental Insurnace Company Ltd. V/s. Jagdeo Paswart and others). In his submission, therefore, the learned Claims Tribunal has passed an illegal order by imposing the entire liability on no fault basis on the appellant company. It is further submitted that the learned Claims Tribunal had also failed to appreciate that the passenger carrying vehicle whose passengers died in the accident was insured by the appellant company, and it was the truck whose occupants did not suffer any injury was really the offending vehicle. 3. Learned counsel for respondent no. 7 submits that he cannot be made liable in a situation like the present one where respondent no. 7, the company which has allegedly insured the offending vehicle (the truck), was not insured by respondent no. 7. He further submits that the claimants have not placed before this Court prima facie material to show that the offending vehicle was insured by respondent no. 7. 4. Learned counsel for the claimants are entitled as a matter right to the full amount of Rs. 50,000/- of interim compensation in terms of Section 140. 5. I have read the impugned judgment and considered the submissions of the learned counsel for the parties. 7. 4. Learned counsel for the claimants are entitled as a matter right to the full amount of Rs. 50,000/- of interim compensation in terms of Section 140. 5. I have read the impugned judgment and considered the submissions of the learned counsel for the parties. Learned counsel for the appellants has rightly submitted, based as it is on a plain reading of the terms of Section 140 of the Act read with judgment of this Court Oriental Insurance Company Ltd. vs. Jagdeo Paswan and others, (supra), that the appellant company will be liable to pay the interim compensation in terms of Section 140 of the Act only to the extent of Rs. 25,000/-. In so far as the claim against respondent no. 7 is concerned, there is absence of any material whatsoever before this Court for a prima facie satisfaction that the offending vehicle (the truck) was insured by respondent no. 7. In that view of the matter, it appears to me that it would be a better exercise of discretion to absolve respondent no. 7 of the liability of interim compensation at this stage. The claimants (respondents no. 1 to 4) have not brought on record any material for prima facie satisfaction of this Court that the offending vehicle was insured by respondent no. 7. 6. I must also consider the difficulty submitted by the learned counsel for the claimants (respondents 1 to 4) that notices may issue to the owner of the vehicle (respondent no. 5) in so far as their claim with respect to the balance of the amount of Rs. 25,000/- is concerned. It is this part of the case that creates some difficulty in my mind. The accident had taken place in 1995, and the claim case is languishing. It is, therefore, preferable that the Claims Tribunal is directed to dispose of the main matter. 7. In the result, this appeal is allowed in part. Let the statutory amount deposited by the appellant in this Court may by an appropriate instrument prepared in favour of respondent no. 1 (Malti Devi) and be handed to Mrs- Rekha Prasad, Advocate. The learned Claims Tribunal is hereby directed to dispose of the claim case within a period of six months from the date of receipt of a copy of this order. 1 (Malti Devi) and be handed to Mrs- Rekha Prasad, Advocate. The learned Claims Tribunal is hereby directed to dispose of the claim case within a period of six months from the date of receipt of a copy of this order. The parties to this proceeding shall not need further notice from the learned Claims Tribunal, as jointly agreed. 8. The appeal is accordingly disposed of.