IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.404 of 2010 THE NEW INDIA ASSURANCE COMPANY LTD. through the Manager (Legal Deptt.), Regional Office, BSFC Building, Fraser Road, Patna ….O.P. No.3/ Appellant Versus 1. NANHKU PASWAN, son of Late Bilatan Paswan, Resident of village- Kukuradh, P.S. 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) …O.P. No.1/ 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.50 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 the Tribunal has ordered only 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 it is the Insurance Company or the owner of the vehicle/driver, who is liable for payment of compensation shall still be open till the final decision of the issues. 2 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.)