K.S. Radhakrishnan, J.

This is an appeal preferred by the Insurance Company challenging an interim award passed by the Motor Accidents Claims Tribunal, Thrissur, in O.P. (M.V.) No. 675 of 1995, under S.140 of the Motor Vehicles Act, 1988, awarding compensation.

2. When the appeal came up for admission before a Division Bench of this Court, it doubted the correctness of the interpretation given to S.140 of the Motor Vehicles Act by another Division Bench of this Court in Thomas v. Mathew, 1995 (2) KLT 260, and referred this matter to a Full Bench, and hence this appeal before us.

3. In the instant case, the motor accident occured on 31.5.1994, due to the collision of a tempo van and a lorry. Lorry was insured with the appellant. Driver of the tempo van died in the accident. Legal representatives of the deceased preferred a claim petition under S.140 of the Motor Vehicles Act, 1988, hereinafter referred to as the 'Act', and the Tribunal passed an interim award dated 8.11.1996, awarding an amount of Rs. 25,000/- each to the claimants.

4. Counsel for the Insurance Company, Sri. Jacob Murikan, submitted that since the driver of the tempo van was negligent, Tribunal committed an