KANCHAN MAHATO Vs. MOST. CHAMPA DEVI

JUDGEMENT

(1.) This Appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the owner of the offending vehicle, a tractor-trailer, against the order dated 29 th September 2001 made by the Motor Vehicle Accident Claims Tribunal, Nalanda at Biharsharif in Claim Case No. 132 of 1997 for interim compensation under section 140 of the 1988 Act.

(2.) Under order dated 29th July 2003, the matter has been referred to the Full Bench for authoritative pronouncement on the issue whether against the order of interim compensation made under section 140 of the 1988 Act, the appeal shall lie under section 173 of the Motor Vehicles Act or can such order be challenged in a revision application under section 115 CPC.

(3.) The matter is no more res integra. The Hon'ble Supreme Court has, in the matter of Yallwwa & Others Vs. National Insurance Co. Ltd. & Another, 2007 AIR(SC) 2582, categorically held "an order of the Tribunal awarding compensation under Section 140 of the Act is appealable under Section 173 as it amounts to an award under Section 173".