( 1. ) THE present revision has been placed before the division Bench on the reference by the learned single Judge Honble Awasthy, J. The legal question referred for decision of the Division Bench is, whether an order awarding compensation under section 92-A of the Motor Vehicles Act, 1939, on the principle of "no fault liability" is appealable under section 110-D of the said Act or only revision under section 115 Civil Procedure Court is tonable against the order granting such compensation.

( 2. ) THE learned single Judge noticed that no consistent procedure was being followed in this court and in some cases (e. g. M. A. No. 50/85, decided on 24-2-1986, by Hon. Gulab Gupta, J.) the appeals were entertained against the order of compensation under section 92-A of the Act and in some cases (e. g. C. R. No. 625/83, decided on 9-7-1985 by Hon. S. Awasthy, J.) revisions were tertained and decided. He has, therefore, referred the matter for decision of the Larger Bench. We have heard arguments advanced by Shri Prakash Naik, advocate for the petitioner and Shri Umesh Trivedi, Advocate, for the respondents. Both of them have contended that an appeal is tenable under section 110-D against the order of compensation granted under section 92-A of the Act.

( 3. ) AFTER hearing the parties and looking into the relevant provisions we are also of the opinion that an appeal under section 110-D of the Act would lie against the order of compensation granted by the Claims Tribunal under section 92-A of the act and the question referred is liable to be answered accordingly. We may now state the reasons in support of our conclusion.

Section 92-A of the Act is contained in Chapter VII-A of the Act, which may be reproduced as under

"92-A Liability to pay compensation in certain cases on the principle of no fault- (1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicle shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees. "

( 4. ) THE whole chapter containing sections 92-A to 92-E was introduced by Act No. 47 of 1982 with effect from 1-10-1982. The object of providing compensation, on the principle of no fault, obviously, appears to be to make available quickly a minimum compensation to the victims of fatal accidents or serious accidents, irrespective of the tort committed or not and the compensation so determined should be made payable as an interim award before the trial of the case and passing of afinalaward by the Claims Tribunal in accordance with the procedure contained in section 110-B of the Act. Reading the provisions contained in sections 92-A to 92-E show that in a claim case where there is compensation claimed both on the principle of no fault and also on the basis of tort or negligence, the fixed sum of compensation granted on the principle of no fault liability under section 92-A is adjustable in the final award made after full trial of the claim case in accordance with section 110-B of the Act. The provision of payment of compensation on principle of no fault liability is thus an interim relief or interim award in a claim case in which compensation is claimed both on principle of no fault liability and on the basis of allegations of commission of negligence or tort.

( 5. ) IT was pointed out to us by the counsel appearing for the parties that there may be cases where compensation is claimed from the Claims Tribunal only on the basis