1. This Civil First Miscellaneous Appeal is directed against the interim order dated 22.01.2013 passed by the Presiding Officer of the Motor Accidents Claims Tribunal, (for short, `Tribunal'), Shopian, in a claim petition titled Afrooza and others v. Zahoor Ahmad Najar and others, on the grounds projected in the memo of appeal.

2. The short controversy in the instant appeal is limited to the issue as to whether the death of an occupant in a road accident traveling in a private car as a gratuitous passenger would entitle the legal representatives of the deceased occupant to interim relief in terms of Section 140 of the Motor Vehicles Act, 1988, on the principles of no fault liability.

3. The admitted facts giving rise to this controversy may briefly be noticed.

4. One Fayaz Ahmad Ganai was travelling in the offending vehicle bearing registration No. JKO1F-9188 from Jammu to Srinagar. At Sherbibi near Banihal, the said vehicle met with an accident and fell into a gorge. The deceased sustained fatal injuries and died on the spot. The legal representatives of the deceased filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (for brevity `Act') before the Tribunal. Pend

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