Gurusharan Sharma, J.

1. Heard.

By impugned interim award on an interlocutory application under Section 140 of the Motor Vehicles Act, 1988, passed in MJC No. 5 of 1998, insurer of the truck (MP-23B-1515) was directed to pay Rs. 50.000/- as interim compensation to the claimant. Mr. Bhowmik, counsel for the appellant submitted that driver of the truck was not possessing valid and effective driving licence and so in terms of insurance policy, the insurer is not responsible to indemnify the owners liability for payment of compensation. Insurers defence aforesaid is yet to be considered and finally decided at the stage of hearing of the main claim case filed under Section 166 of the Act on the basis of evidence brought on record and it could not have been decided at the stage of Section 140 of the Act, I, therefore, find no merit in this appeal. It is, accordingly, dismissed.

2. Statutory amount of Rs. 25,000/-deposited by appellant for the purpose of this appeal vide challan No. J-44 dated 23.7.1999 is permitted to be withdrawn by claimant-respondent No. 1 on proper verification and in accordance with law.

3. Appeal dismissed .