S.N.Jha, J.

1. A short but significant question of law has arisen for decision in this appeal. The question is whether without filing a petition u/s. 166 of the Motor Vehicles Act, 1988 (for short the Act), application for no fault compensation u/s. 140 of the Act is maintainable.

2. The short facts of the case are that one Chhotu Hussain died in a motor accident on 22.10.1998 near Kachahari Petrol Pump on G.T. Road at Sasaram. His father Fida Hussain, respondent No. 1 herein, lodged a criminal case, Sasaram P.S. Case No. 548 of 1998 under Secs. 279 and 304-A, Indian Penal Code. He also filed an application u/s. 140 of the Act for fixed compensation of Rs. 50,000 on the principle of no fault liability which was registered as Motor Vehicles Case No. 116 of 1998 before the Motor Accidents Claims Tribunal, Rohtas at Sasaram. On 10.2.1999 order in terms of sec. 140 of the Act was passed. As the vehicle in question, a truck bearing registration No. UP 70-D 9786, was insured with the appellant New India Assurance Co. Ltd., it was directed to pay Rs. 50,000 as interim compensation within 60 days of the order with interest at the rate of 10 per cent per annum from the date of the o