An application under Section 140 of the Motor Vehicles Act, 1988, is an interlocutory matter in a proceeding under Section 166, and cannot be maintained in the absence of a regular proceeding under Section 166.

Heard the parties, perused the records and with their consent this appeal is disposed of under ORDER :41 Rule 11 of the Code of Civil Procedure.

2. It appears that widow and three sons of late Sheo Badan Chaudhary @ Ballar of village-Bahmara, Distirct-Kaimur (Bhabhua) filed an application purporting to be under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") before the District Judge Bhabhua. On the said application M.V. Claim Case No. 94 of 1997 was registered. At this stage it is made clear that the aforesaid persons did not file a claim case under Section 166 of the Act, rather filed only an application under Section 140 of the Act. It was specifically stated in column no. 23 at page 7 of the application that the claimants reserved right to file an application under Section 166 of the Act. In the rejoinder dated 2.5.1998 filed on behalf of Insurance Company it was stated that the said application under section 140 of the Act was not maintainable. Unless a claim application under section 166 of the Act was filed, claiming compensation under the Act, merely an application purporting to be under Section 140 was not to be entertained. A prayer under section 140 is an interlocutory matter, in a proceeding under section 166 of the Act. According to scheme of the Act, pending final hearing and disposal of claim application under section 166, the claimant has been given liberty to obtain interim relief, i.e., grant of interim compensation on an interlocutory application under Section 140 of the Act.

3. In the aforesaid circumstances, I find that the proceeding, vide M.V. claim Case No. 94 of 1997, instituted on an application purporting to be under Section 140, in absence of a regular proceeding under section 166 of the Act was not maintainable. Accordingly the impugned ORDER :and interim award are illegal and without jurisdiction. It is, accordingly, set aside. In the result, this appeal is allowed.