( 1 ) LEAVE granted.

( 2 ) WHETHER an order passed under Section 140 of the Motor Vehicles Act, 1988 (for short, 'the Act') is an appealable one is the question involved in this appeal which arises out of a judgment and order dated 04. 07. 2005 passed by a learned Single Judge of the Karnataka High Court in M. F. A. Nos. 8227 of 2004 c/w 8234 to 8237, 8239 and 8240 of 2004.

( 3 ) THE basic facts of the case are not in dispute. Appellants herein are the heirs and legal representatives of the coolies travelling from Kankanwadi to Saundatti in the State of Karanataka in a tractor trailer. The said tractor trailer met with an accident allegedly owing to rash and negligent driving on the part of its driver. Out of 44 persons travelling in the said tractor trailer, nine persons died and others received serious injuries.

( 4 ) APPELLANTS herein filed claim petitions in terms of Section 166 of the Act read with Section 140 thereof before the Motor Accidents Claims Tribunal (for short, 'the Tribunal' ). By reason of an order dated 13. 09. 2004, the learned Tribunal directed both the owner as also Respondent No. 1 (Insurance Company) to deposit a sum of Rs. 50,000/- each