1. This appeal, at the instance of the appellant-M/s Oriental Insurance Company Ltd. is directed against the order dated 5-8-99 passed by District Judge-cum-Claims Tribunal, Hazaribagh in Claim Case No. 183/98 awarding interim compensation under S. 140 of the Motor Vehicles Act, 1988 .

2. It appears that the claimants filed an application before the Claims Tribunal under S. 140 of the Act claiming interim compensation for the death of their son aged 18 years in a motor vehicle accident. The appellant Insurance Company appeared in the said case and filed show cause admitting that the vehicle was insured with the said Insurance Company. The appellant did not raise any serious objection with regard to the claim of the claimants and the Tribunal, therefore, awarded interim compensation.

3. Mrs. Banani Verma, learned counsel appearing for the appellant, assailed the order solely on the technical ground that the claims tribunal ought not to have entertained the application under S. 140 of the Act as no application under S. 166 of the said Act was filed by the claimants. Learned counsel, in this connection, relied upon a decision of a Bench of this Court in the case of Divisional Manager, Oriental Insurance Company V/s. Guljari Kuer (1999) 1 PLJR 872.

4. Having regard to the submission made by the learned counsel the only question falls for consideration is as to whether the application under S. 140 of the Act filed by the claimants for interim compensation can be entertained in absence of any claim made by the claimants under S. 166 or any other provisions of the Motor Vehicles Act.

5. Before answering the question, I shall first examine the scheme of the Act by referring different provisions made thereunder. Chapter X deals with the liability on the principle of no fault. It consists of Ss. 142 to 144. Sec. 140 of the Act reads as under :

"140. 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 fixed sum of fifty thousand rupees and the amount of compensation payable under that Sub-sec. in respect of the permanent disablement of any person shall be a fixed sum of twenty five thousand (3) In any claim for compensation under Sub-sec. (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.(4) A claim for compensation under sub-sec. (1), shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.(5) Notwithstanding anything contained in Sub-sec. (2), regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or u/S. 163A."

6. From bare reading of the aforesaid provision, it is manifest that in case of death or permanent disablement of any person has resulted from an accident arising