All these appeals are pertaining to the same accident. About 44 persons were travelling in a tractor-trailer to attend the funeral function. As a result of the accident, 9 inmates died and 27 persons were injured. The petitioners sought compensation under Section 166 of the Motor Vehicles Act, 1988 ('Act' for short). The application is made under Section 140 of the Act to seek interim compensation. The Tribunal directed the owner and insurer to pay the compensation. Appellant is the insurer.

2. It is the contention of the respondents that an appeal under Section 173 of the Act, would not lie against an order under Section 140 of the Act. In this regard, the decision of the Maharashtra State Road Transport Corporation v. Bapu Onkar Choudhari1, is relied on. In the said decision the Bombay High Court interpreting Rule 281 of the Maharashtra Motor Vehicles Rules, held that an order passed under Section 140 of the Act, is not an award.

3. The Full Bench decision of the Karnataka High Court pertains to an appeal against grant of interim compensation under Section 92-A of the Motor Vehicles Act, 1939, which corresponding to Section 140 of the Motor Vehicles Act, 1988, wherein it is