S.K.Chattopadhyaya, J.

1. This appeal is at the instance of the New India Assurance Co. Ltd. which is directed against the order dated 6.9.1991 passed by the IInd Addl. District Judge-cum-Accidents Claims Tribunal, Chaibasa, in Misc. Compensation Case No. 37 of 1984 by reason of which the Tribunal directed the assurance company to pay a sum of Rs. 15.000.00 as interim compensation to the respondent No. 1, Turki Hi, widow of late Kundia Purty.

2. The facts of this case lie in a narrow compass. Respondent No. 1 filed a claim petition before the Tribunal stating, inter alia, that her husband, Kundia Purty, boarded truck No. BRS 2851 at 4 p.m. on 29.5.1984 for returning home at Chaibasa from Lagra Bajar. On the way, the truck turned upside down due to rash and negligent driving of the truck driver as a result of which the husband of respondent No. 1 died and others sustained injury. Prayer was made before the Tribunal for payment of ad interim compensation under Sec. 92-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). As the ill-fated truck was insured with the appellant company, the claimant made the company a party respondent along with the owner of the