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