ORDER 18.6.2003 — Interim award of Rs. 50,000/- passed by the learned Member, 2nd M.A.C.T. (N.D.), Sambalpur in Misc. (A) Case No. 43 of 1999 (SN) directing the New India Assurance Company Ltd. Cuttack to deposit the same within two months from the date of the order is under challenge in this appeal. 2. The Claimants, Respondents 1 to 5 herein filed claim application before the learned Member, 2nd M.A.C.T., Sambalpur claiming compensation on account of death of the deceased in a motor accident involving offending vehicle (Dumper) bearing registration No. OR 14-B 1503. While the claim application being pending for disposal, the claimants filed another application for payment of interim award under Section 140 of the M.V.Act. The learned Member, 2nd M.A.C.T. adjudicated the said application and passed the impugned award. 3. The learned counsel appearing for the appellant challenged the legality and propriety of the interim award rely¬ing on a decision of this Court reported in 93 (2002) C.L.T. 801 *(The Divisional Manager, United India Insurance Company Ltd. Vrs. Bhawa Tirkey and others). On the other hand appearing for the respondents, their counsel Sri Jeevan Ranjan Dash relying on the same decision (supra) urged that the impugned order passing the interim award is a speaking order, which should not be inter¬ferred with in this appeal. 4. In the case at hand, the Claimants sought for interim awards. Section 140 of the M.V.Act deals with liability to pay compensation in certain cases on the principle of no fault. Sec¬tion 140 (1) of the M.V.Act may be quoted as below : “(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles, shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.” 5. A perusal of the impugned order shows that the learned Tribunal verified the copy of Policy of insurance of the offend¬ing Dumper which has been insured against 3rd party risk bearing Policy No. 3155050311405 which was valid from 3.3.1998 to 2.3.1999 covering the date of accident i.e. 18.1.1999. He further found that the offending Dumper had the valid and effective Driving Licence on the date of accident. He further found that the offending Dumper had the valid and effective Driving Licence on the date of accident. In fact, the alleged accident had actually occurred in support of which the F.I.R., Charge Sheet, Post Mortem Report etc. have been filed. At this stage, the fault of the driver or the owner of the vehicle need not be established. The appellant has not denied the accident resulting death of the victim. That apart when the offending vehicle has been duly insured with the Insurance Company interim award under Section 140 of the M.V. Act has to be paid on the principle of no fault liability. The principle says that the interim award has to be paid to the Claimant not because there was fault on the part of the driver of the offending vehicle, but because the vehi¬cle is involved in the accident. The learned Tribunal has taken into account all the above aspects while passing the interim award on the basis of no fault liability. 6. In the reported case, the view taken by this Court is that where the claim under Section 140 of the M.V. Act is made the Court can adopt a more lenient view as the same is an interim claim. However, the Court has to ensure that the Claimant shall proceed with the main claim under Section 166 of the M.V. Act and the Insurance Company gets opportunity to recover the amount from the owner or the Claimant as the case may be, if it is ultimately found that the Insurance Company is not liable to pay the compen¬sation. 7. That main claim case under Section 166 of the M.V.Act filed by the Claimants-Respondents is pending before the Member, 2nd M.A.C.T., Sambalpur. As such, this Court is not inclined to interfere with the impugned award at this stage. However, in case the Insurance Company is not held liable to pay compensation, it can recover the amount from the owner or the Claimants as the case may be. It is further ordered that the appellant shall deposit the balance amount of Rs. 25,000/- before the 2nd M.A.C.T. (N.D.), Sambalpur without prejudice to the rights and contentions of the parties in the pending claim case. The amount thus deposited in the Tribunal shall be paid to the Claimants forthwith. It is further ordered that the appellant shall deposit the balance amount of Rs. 25,000/- before the 2nd M.A.C.T. (N.D.), Sambalpur without prejudice to the rights and contentions of the parties in the pending claim case. The amount thus deposited in the Tribunal shall be paid to the Claimants forthwith. That apart the amount which has already been deposited in this Court shall be paid to the Claimants with interest ac¬crued therefrom. The learned Member, 2nd M.A.C.T. Sambalpur shall dispose of the main claim case expeditiously within a period of six months from the date of this order. In the result, the appeal stands dismissed with the afore¬said observations. No cost. Urgent certified copy of this order may be granted on proper application. Appeal dismissed.