NEW INDIA ASSURANCE CO LTD Vs. FIDA HUSSAIN

JUDGEMENT

(1.) Heard the learned Counsel for the appellant and the learned Counsel appearing for respondent No. 1.

(2.) In this appeal, the appellant insurance company has assailed the validity of the order dated 10.3.1999 passed under Section 140 of the Motor vehicles Act directing payment of Rs. 50,000 as interim compensation by issuing cheque in the name of the claimant, Fida Hussain, the father of the deceased, within 60 days from the order, failing which he will also become entitled to receive interest on the said amount at the rate of 16 per cent per annum from the date of the order.

(3.) It has been submitted on behalf of the appellant that in absence of a claim by filing application for compensation under Section 166 of the Motor Vehicles Act, the claim under Section 140 cannot be entertained independently. In support of this, learned Counsel for the appellant has relied upon a decision of the learned single Judge in the case of Oriental Insurance Co. Ltd. v, Chulchul Devi, 1999 (1) PLJR 747.