( 1 ) THIS appeal is directed by the appellant. New India assurance Co. Ltd. , who is the original opponent No. 3 in the Claim Petition filed by. the respondent No. 1-claimant for compensation to be awarded to him for the injury sustained by him in a motor vehicular accident which took place on 4-1- 1991 at about 3-00 p. m. , on Jamnagar main road near Madhapar village.

( 2 ) IN the claim application, the respondent-claimant filed an application Ex. 2 for grant of interim compensation as provided under Sec. 140 of the Motor Vehicles act, 1988. Under the impugned order dated 12-12-1994 of the Motor Accident claims Tribunal (Aux.), Rajkot a sum of Rs. 12. 000. 00 with running interest at the rate of 12% p. a. from the date of application till realisation was ordered to be paid by the appellant and respondent Nos. 2 and 3. Hence, this appeal before this Court by the appellant.

( 3 ) ONLY contention made by the learned Counsel for the appellant is that the claimant-respondent is not entitled for interim compensation because the entire facts are got up and the vehicle which is stated to have been involved in the accident has not really caused the accident. Carrying this