IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.164 of 2010 THE NEW INDIA ASSURANCE CONMPANY LTD. through the Manager (Legal Department), Regional Office, B.S.F.C. Building, Fraser Road, Patna …OP-3/Appellant Versus 1. RAM CHELA BIND, son of Late Jagarnath Bind, Resident of village- Khajuria, P.S. Sonhan (Bhabhua),District- Kaimur (Bhabhua) …Petitioner/Respondent 2. Mohan Sah, son of Ram Briksh Sah, resident of village-Tekara, P.S. Bhagwanpur, District- Kaimur (Bhabhua), (Owner of the Tractor No. BR-45- 2407) .…(OP-1)/ Respondent 3. Murari Sah, son of Late Girdhari Sah, resident of village- Bhagwanpur, P.S. Bhagwanpur, District- Kaimur (Bhabhua) (Driver of the Tractor No. BR-45- 2407) .…(O.P. No. 2)/ Respondent ----------- 4/ 24.01.2011 Heard the parties. The appellant is aggrieved by the order dated 25.07.2009 passed by the District Judge-cum-Motor Vehicle Accident Claims Tribunal, Kaimur at Bhabhua, in Claim Case No.37 of 2008 on the ground that without framing and deciding the issues order under section 140 of the Motor Vehicles Act, 1988, was passed and ad-interim compensation was allowed to the claimant. The respondents, who are the claimant as well as the owner, have appeared and they undertake to be regular in attendance in the claim case which is continuing. Since presently all that the Tribunal has ordered is for payment of Rs.50,000/- to the claimant as ad-interim compensation subject to the final decision of the case, I am not inclined to interfere in the matter. Accordingly, the appeal is dismissed. The issue as to whether the Insurance Company or the owner of the vehicle/driver is liable for compensation the claim shall 2 still be open till the final decision of the issues. The Motor Vehicle Accident Claim Tribunal, is directed to be careful in future. The claimant is permitted to withdraw the statutory amount deposited in this court. JA/- (Anjana Prakash,J.)