Usha J.

Challenge in this appeal at the instance of New India Assurance Co. Ltd. is against the interim award passed by the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV) No. 235/94 granting an amount of Rs. 25,000/- to respondents 1 to 5 under section 140 of the Motor Vehicles Act as compensation for the death of the husband of 1st respondent, father of respondents 2 to 4 and son of 5th respondent.

2. Certain facts are admitted in this case. An accident happened on 9.1.1994 out of the use of a motor vehicle which resulted in the death of one Ramachandran Pillai, husband of 1st respondent, father of respondents 2 to 4 and son of 5th respondent. It is also admitted that a claim has been put forward by respondents 1 to 5 against the owner of the vehicle impleaded as 1st respondent and insurance company impleaded as 2nd respondent. It is contended by the appellant that no interim award under Sec. 140 can be granted in this case as, according to the appellant, the accident happened due to the negligence on the part of late Ramachandran Pillai who was driving the vehicle at the time of the accident. It was also contended that late Ramachandran Pillai was real owne