JUDGMENT : Pradip Mohanty, J. - Being aggrieved by the judgment and order dated 8.10.1999 passed by the 3rd Motor Accidents Claims Tribunal, Jajpur, in M.A.C.C. No. 22 of 1999, the United India Insurance Company Ltd. has filed this appeal u/s 173 of the Motor Vehicles Act. 2. The fact of the case in brief, is that on 18.1.1999 at about 12.40 P.M. when the claimant-respondent No. 1 was travelling from Sathipur to Jajpur town in a trekker bearing registration No. OR-04-A-5969, near Baleswar the trekker collided with a mini-truck which was coming from opposite direction. Due to the aforesaid collision the claimant-respondent No. 1 was injured and his right elbow joint totally dislocated for which he was hospitalised. After his recovery, the respondent filed the petition claiming compensation before the learned Motor Accidents Claims Tribunal, Jajpur. 3. The opposite party-respondent No. 2 filed written statement stating therein that the motor vehicle having been insured with the insurance company, opposite party appellant, the appellant is liable to indemnify the claim. Though notice was served, the Insurer did not appear and was set ex parte. After going through the evidence oh record, the learned Tribunal came to the conclusion that the opposite party No. 2-appellant is liable to compensate the disablement of the claimant-respondent and, accordingly, directed to pay compensation of Rs. 25,000/-within one month failing Which the opposite party No. 2-appellant shall pay interest at the rate of 14% from the date of filing of the petition. 4. Liability to pay compensation u/s 140 of the Motor Vehicles Act on the principle of no fault is in the nature of interim award. Compensation is payable under this provision where death or permanent disability resulted from an accident arising out of the use of a motor vehicle or motor vehicles. In the present case, it has not been disputed that the respondent No. 2 was not the owner of the offending vehicle or that the vehicle was not insured with the appellant. A perusal of the impugned order goes to show that the Tribunal arrived at the appellant's liability to pay compensation on the basis of oral as well as documentary evidence on record. In such circumstances there is no scope to challenge the impugned order. The appeal is liable to be dismissed. The appeal is dismissed accordingly. Final Result : Dismissed