JUDGMENT :

P.K. Tripathy, J. - Award u/s 140 of the Motor Vehicles Act, 1988 (in short, 'the Act') passed in Misc. Case No. 336 of 1995 by Second MACT, Cuttack on 27.10.1997 is under challenge at the instance of M/s. New India Assurance Company Ltd. (in short. 'Insurance Company') which figures as Opp. party Nos. 3 and 4.

2. It is not disputed at the Bar so far as the facts are concerned. When a horrible accident on 26.4.1995 on the Express Highway near Kusunpur occurred due to head on collision between a 'Trekker' and a 'Truck' both insured with the Appellant-Insurance Company at different branches that accident took a tool of 13 human lives at the spot besides causing injuries to several Ors. . Claim cases were filed and the present one is one of such claim cases in which the dependants and the legal representatives of the deceased have made claim for compensation. They moved application u/s 140(1) of the Act for 'no fault liability' as an interim measure. Admittedly no evidence was adduced and learned Tribunal called for and perused the G.R. Case record in which the accident and the death has been noted and after being satisfied about the death of the deceased he awarded a sum of