NAGENDRA RAI, J.

1. The appellants have filed the present appeal under Clause 10 of the Letters Patent of the Patna High Court against the order dated 22-8-2000, passed by a learned single Judge, by which he has allowed the appeal (M.A. No. 494 of 1999) filed by the New India Assurance Co. Ltd. (respondent herein) against the order dated 25-6-1999 passed by the Motor Accidents Claims Tribunal (for short the Tribunal) under Sec. 140 of the Motor Vehicles Act 1988, (hereinafter referred to as the Act) directing it to pay the interim compensation on no fault basis and further held that the Insurance Company is not liable to pay the interim compensation under the aforesaid section and it is the owner alone who is liable to pay the same.

2. The facts giving rise to the present appeal lie in a narrow compass. Respondent Dharampal owned a truck bearing registration No. DL-1 G-A/9319. On 18-8-1997, he took an Insurance Policy from respondent No. 2 in terms of the provisions of the Act, which was valid from 18-8-1987 to 17-8-1998. While the said vehicle was coming from Muzaffarpur side on 28-6-1998, it dashed against Sukhiya Devi, wife of appellant No. 1 and mother of appellants Nos. 2 and 3, resident of village Fakuli P. S. Kurhani, District Muzaffarpur, as a result of which she died. The vehicle was being driven rashly and negligently in a very high speed by the driver thereof. Her husband and other heirs, who are appellants before this Court, filed a claim case being Claim Case No. 93 of 1998 before the Tribunal under Sec. 166 of the Act against the owner and insurer of the vehicle. In the said claim case, the Insurance Company (respondent No. 2) also appeared. In the meantime, the appellants filed a petition under Sec. 140 of the Act claiming compensation on no-fault basis. The Tribunal after hearing the petitioner directed for payment of Rs. 50,000.00 on the principle of no-fault to the appellants. The respondent-Insurance Company filed an appeal before the learned Single Judge, who, as stated above, held that the liability to pay interim compensation under Sec. 140 of the Act is of the owner and not of the respondent Insurance Company.

3. Learned counsel for the appellants submitted that though in terms of Sec. 140 of the Act, in case of death or permanent disablement of a person having resulted from an accident arising and of the use of a motor vehicle, owner shall be liable to pay compensation in respect of such death or disablement, but the conjoint reading of the said provision and the provisions contained in Chapter XI of the Act, which deals with the insurance of motor vehicles against the third party risks, clearly shows that the liability in relation to death of or bodily injury to any person is covered by the Insurance Policy includes the liability under Sec. 140 of the Act also and as such the owner or the insurer or both can be fastened with the liability to pay the interim compensation under Sec. 140 of the Act.

4. Learned counsel for the respondent-Insurance Company, on the other hand, submitted that the provision of Sec. 140 of the Act is clear and explicit and it requires payment of interim compensation in case of death or permanent disablement as a result of the accident by the use of a motor vehicle by owner only and in view of the specific provision contained in Sec. 144, under Chapter X of the (under which Sec. 140 also falls), to the effect that the provision of this Chapter shall have effect notwithstanding anything contained in the Act or in any law for the time being in force, the provisions of Chapter XI dealing with insurance of vehicle against the third party risks could not be resorted to for fixing liability on the insurer under Sec. 140 of the Act.

5. Both the parties have relied upon the provisions of the Act as well as upon the decisions rendered by the Apex Court as well as by the different High Courts, which will be referred to at the appropriate places.

6. Thus, the only point, that falls