G. BIKSHAPATHY, J.

( 1 ) THIS appeal is filed against the order passed by the learned single judge of this court in A. A. O. No. 211 of 1999 confirming the interim order passed by the learned motor Accidents Claims Tribunal-cum- additional District Judge, Srikakulam in op. No. 626 of 1998 dated 1 -2-1999.

( 2 ) A few facts are necessary for appreciating the intricacies of this case. A russian couple were travelling in their foreign make vehicle on 14-10-1998. While so. a lorry bearing No. W. B. 41/8048 hit the car in which the Russian couple were travelling and consequently it caused extensive damages to the car. Thereupon, a claim was filed by the owner of the car in o. P. No. 626 of 1998 before the Motor accidents Claims Tribunal, Srikakulam claiming compensation in respect of the damage caused to the car. Pending O. P. , the Tribunal passed interim order on 1-2-1999 directing the Insurance Company to make interim payment to Rs. 75,000. 00. The said order was challenged by the Insurance company in A. A. O. No. 211 of 1999. The learned single Judge of this Court, by judgment dated 12-2-1999, dismissed the appeal filed by the Insurance Company against which the present Letters Patent appeal has been preferred.

( 3 ) LEARNED counsel appearing for the insurance Company submits that the orders of the Tribunal as well as of the learned single Judge of this Court are wholly illegal and without jurisdiction. The learned counsel would submit that under Section 140 of the motor Vehicles Act, 1988 ( the Act for brevity), the amount payable under no fault liability is only fifty thousand rupees and that too it becomes payable only in case of death or disablement and not in a case where damage is caused to the property. He would further submit that in case of damage to the property; the maximum amount that is permissible by virtue of the Policy obtained is only Rs. 6,0007- unless extra premium is paid to cover the unlimited liability. It is also submitted by the learned counsel for the insurance Company that the Tribunal has no inherent power to award interim compensation much less by invoking section 151 of the Code of Civil Procedure. Thus, he submits that both the orders are liable to be set aside.

( 4 ) ON the other hand, learned counsel appearing for the respondent-claimant vehemently contends that in the interest of justice and in order to provide financial assistance to the Russian couple, who were starving for several days on account of the accident caused to the car in which they were travelling, the Tribunal had to pass the order in very peculiar and special circumstances. He, however, fairly concedes that such an order could not be passed under Section 140 of the Act. But, the learned counsel would submit that Sec. 151 c. P. C. can be invoked by the Tribunal for rendering substantial justice and thus the orders under challenge in this appeal are quite legal and valid.

( 5 ) WE have heard the learned counsel for the parties.

( 6 ) ADMITTEDLY, the O. P. is stili pending before the Tribunal at Srikakulam. The question that arises for consideration is whether the Tribunal can pass an interim award under Section 140 of the Act or under section 151 C. P. C. pending the O. P. proceedings and that too in respect of damage caused to the property. Section 140 of the Act is extracted hereunder:"liability to pay compensation in certain cases on the principle of no fault.- (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. (2) The amount of compensation which shall be payable under sub-sec. (1) in respect of the death of any person shall be a fixed sum of fifty thousand rupees and the amount of compensation payable

Click Here to Read the rest of this document