The liability of owners of vehicles involved in an accident, the liability of the insurer of a vehicle, and the interpretation of the term 'use of a motor vehicle' in section 140 of the Motor Vehicles Act, 1988.

( 1 ) THIS is an appeal against the order dated 25. 9. 1998 arising out of claim Case No. 130 of 1997 whereby the claims Tribunal, presided over by 12th additional District Judge, Jabalpur, has granted an interim award of Rs. 25,000 under section 140 of the Motor Vehicles act for death of Rama Bai, aged about 30 years, to the appellants against respondent No. 1, Munnalal, driver of the truck, respondent No. 2 Capital Roadways and finance Private Limited, Chhola Road, bhopal and respondent No. 3, Oriental insurance Co. Ltd. , Napier Town, Jabalpur.

( 2 ) DISPOSAL of this appeal shall also govern the disposal of Misc. Appeal No. 1647 of 1998, arising out of Claim Case no. 132 of 1997, Misc. Appeal No. 1648 of 1998, arising out of Claim Case No. 134 of 1997, Misc. Appeal No. 1654 of 1998, arising out of Claim Case No. 128 of 1997, misc. Appeal No. 1655 of 1998, arising out of Claim Case No. 133 of 1997 and Misc. Appeal No. 1656 of 1998, arising out of claim Case No. 144 of 1997, because the appellants in each case have been. awarded a sum of Rs. 25,000 by way of interim award by a common order.

( 3 ) THE claim of the appellants is that the Claims Tribunal should have awarded rs. 50,000 either against respondent Nos. 1 to 4 jointly and severally or it should have apportioned Rs. 25,000 to the United india Insurance Co. Ltd. , respondent No. 4, in this case, who was the insurer of the jeep bearing No. MP 28-B 0399.

( 4 ) IN order to appreciate the controversy between the parties, it is necessary to give facts of the case in brief. On 27. 6. 1997,19 persons were travelling in the jeep in question, including the appellants. They were going from Jabalpur to Maihar. The jeep was registered vide No. MP 28-B 0399 and insured with respondent No. 4, United india Insurance Co. Ltd. It is alleged in the claim petition that the driver and owner of the jeep, late Ravi Shankar, had given side to the truck. But on account of negligent driving of truck No. MP 04-F 8281 by respondent No. 1 Munnalal, there was an accident. The truck dashed against the almost stationary jeep and caused death of six persons and injured another eight persons. The owner and driver Ravi Shankar also expired in the accident on 27. 6. 1997. The appellants further filed an application under section 140 of the Motor Vehicles act for interim award during the pendency of the claim petitions on the basis of no fault liability against all the respondents.

( 5 ) THE Claims Tribunal, after giving an opportunity to the respondents to file reply, granted only Rs. 25,000 for each dead person to the claimants in each case by way of interim award against the respondent nos. 1 and 3.

( 6 ) IN this appeal, learned counsel for the appellants argued, relying on the case of National Insurance Co, Ltd. v. Thaglu singh, 1995 ACJ 248 (MP), that while passing an award under section 140 of the motor Vehicles Act, the defence of a party cannot be considered. The Division Bench of this court in the aforesaid case held that whenever an accident occurs, the claim of no fault liability under section 140 of the Motor Vehicles Act should be decided without any reference to the defence taken by the insurance company and interim award should be passed. The Claims Tribunal is entitled to pass an appropriate order at the time of passing the final award and accordingly modify the interim award. The decision of the Division Bench is binding on this court and, therefore, this court is not entitled to consider the defence raised by any of the respondents.

( 7 ) THE argument of the learned counsel for respondent No. 4 is that United India insurance Co. Ltd. , insurer of the jeep, cannot be held liable merely because it has been made a party to the claim case. In the claim case, there is no allegation for recovering any compensation on account of negligence of the driver of the jeep who himself expired due to the accident. It is stated in the claim petition, that the jeep was almost stationary and it