OF AT D|VIS!ONB_ENCH ..->- GUPTA, CJ. & J. No.727 Orienta! Insurance Company Limited through the Divisiona! Manager, Division Office, Opposite High Court, Biiaspur (C.G.) Versus •\ Shvam Sunder Patei, s/o Laxmi Prasad Patel, about 20 years, r/o vlliage Kapisada, P.S. Jaijaipur, district- Janjgir-Champa, presentiy residing at fmllduggu, Korba, tehsli & district Korba (C.G.) (DRIVER) Tuisi Prasad ShukEa s/'o Krishnanand Shukla, r/o Sitamani Chowk, at/PL.S./District - Korba (C.G.) (OWNER) Smt. Subhadra Jalswal w/o Parmeshwar Jaiswai, 25 years, r/o viliage-Nagarda, P.S. Baradwar, district Janjgir Champa, presently residing at House No. Super-F/499, Chhattisgarh Eiectricity Board Colony, Korba dlstrict Korba (C.G.) .(CLAIMANT) Sectlon 173 of the VehJcles Act Present: Shri Vinay Harit, learned Senior Counsel w'rth ShrS G.V.K. Rao, iearned counsei forthe appeilant. None for No. 1 & 2. Shri H.V. Sharma, counsei for respondent No.3. ISIIiBlllii •<. -^^^. ORDER (8th IVIay, The foilowing order of the Court was by Gupta, CJ.: Shri H.V. Sharma, iearned counsei for respondent No.3 submits that the appeai fiied by the appeiiant/ insurance Company against the impugned award dated 13-05-2003 whereby an amount of Rs.25,000/- was awarded by the Tribunst as interim compensation under Section 140 of the Motor Vehicles Act, has now become Infructuous as the Tribunai has the flnai award in Ciaim Case No. 126/2002 on 28-02-2004. 2. in vlew of the passing of the flnai award 28-02-2004, In Claim Case No. 126/2002, the present appeai fiied by the appellant/ insurance Company against the interim has become infructuous and is dismissed accordingly wlth the iiberty to the appeiSant/' insurance Company to the grounds taken in this In the by the claimants for enhancement of the compensation s.e. M.A. No. 599/2005. i r Sd/- CMef Justice Sd/- Sunil Kumar Sinha Judge subbu