THE HON'BLE MR JUSTICE L.NARASIMHA REDDY M.A.CIVIL MISCELLANEOUS APPEAL No:3365 of 2009 ORDER: The first respondent filed O.P.No.682 of 1997 before the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam, under Section 140 of the Motor Vehicles Act (for short ‘the Act’) claiming a sum of Rs.25,000/- as compensation towards no fault liability. He pleaded that on 8.01.1996, he was travelling in a vehicle bearing No.AHV 9936 owned by the third respondent and insured with the appellant, and that in the accident that occurred at 12 noon, he suffered injuries. The O.P., was resisted by the appellant as well as the third respondent. The existence of insurance policy and occurrence of accident was not disputed. The Tribunal allowed the O.P. through its order, dated 19.04.1999. The same is challenged in this appeal. Heard Sri S. Agasthya Sharma, learned counsel for the appellant. The only point urged before this Court is that the first respondent did not file any O.P. under Section 166 of the Act and he just stopped with the filing of O.P. under Section 140 of the act. He contends that unless an O.P. is filed under Section 166 of the Act, there would not be any occasion for the Tribunal to decide the involvement of the vehicle, negligence on the part of the driver, or the obligation of the appellant to pay the compensation. In other words, his contention is that an O.P. under Section 140 cannot be filed in isolation. This Court is not inclined to accept the contention advanced by the learned counsel. The statute confers specific right under Section 140 of the Act, upon the dependents of a deceased or the injured in an accident. Irrespective of the negligence on the part of the driver, the dependents of the deceased in an accident are entitled to pay a sum of Rs.50,000/- and the injured is entitled to pay a sum of Rs.25,000/-. It may be true that the dependents of a deceased, or the injured can institute proceedings under Section 166 of the Act. However, the claim under Section 140 of the Act does not become untenable on account of non-filing of petition under Section 166 of the Act. The Civil Miscellaneous Appeal is accordingly dismissed. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 17th September, 2009 Js.