1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. F.A. No. 98 of 2010 National Insurance v. Mansaram and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr N.H. Shams, Adv for appellant Mr P.A. Deshmukh, Adv for respondents 1-A and 2 Mr B.M. Kharkate, Adv for respdts 3 & 4 Coram : A.P. Bhangale, J Dated : 4.8.2010 1. Heard learned counsel for the parties. This appeal is preferred against the order dated 6.3.2005 passed in Claim Petition No. 55 of 2004 by the MACT, Gondia granting interim compensation of Rs. 50,000/- to the claimants. 2. Learned counsel for the parties jointly submit that the main claim petition under Section 166 of the Motor Vehicles Act has been finally disposed of by the Tribunal directing the original respondents to pay jointly and severally a sum of Rs. 2,02,000/- to the claimants along with interest, inclusive of interim compensation. The final award has been passed on 20th November 2009. 3. Learned counsel for the appellant submits that the appellant Insurance Company is intending to challenge final award before this Court by filing appropriate appeal in a short while. He insists that the present appeal still survives and should be disposed of 2 independently on its own merit. This contention cannot be accepted. Needless to say, interim order has stood merged in the final order and when the appellant Insurance Company is intending to challenge the main order which awards compensation inclusive of interim one, appellant can assail both the orders in a substantive appeal. This appeal has rendered infructuous and is disposed of as such. All contentions are kept open. Judge. joshi