IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.619 of 2007 NATIONAL INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, (D.O. No. 1), EXHIBITION ROAD, P.S. – GANDHI MAIDAN, DISTT/TOWN – PATNA. (INSURER OF MOTOR CYCLE BEARING NO. BR-1R/9243 --- OPPOSITE PARTY NO. 1 - APPELLANT. Versus 1. REKHA KUMARI, WIFIE OF LATE SHAILENDRA KUMAR CHAUDHARY 2. SONU KUMAR, SON OF LATE SHAILENDRA KUMAR CHAUDHARY (AGED ABOUT 8 YEARS) 3. MONU KUMAR, SON OF SHAILENDRA KUMAR CHAUDHARY (AGED ABOUT 6 YEARS) 4. CHHOTU KUMAR, SON OF SHAILENDRA KUMAR CHAUDHARY (AGED ABOUT 4 YEARS) 5. SRI SIYA CHAUDHARY, SON OF LATE CHATTU CHAUDHARY 6. SARASWATI DEVI, WIFE OF SRI SIYA CHAUDHARY RESPONDENT NO. 1 IS WIFE, RESPONDENT NOS. 2 TO 4 ARE MINOR SONS AND RESPONDENT NOS. 5 AND 6 ARE FATHER AND MOTHER RESPECTIVELY OF THE DECEASED LATE SHAILENDRA KUMAR CHAUDHARY; AND THAT RESPONDENT NO. 1 IS THE LEGAL GUARDIAN OF HER MINOR CHILDREN ALL ARE RESIDENTS OF VILLAGE – MAKSUDPUR, P.O. & P.S. SHAHJAHAPUR, DISTRICT – PATNA. ---(CLAIMANTS)-- RESPONDENTS. ----------- 6. 28.01.2011 Heard the parties. The appellant is aggrieved with the order dated 26.6.2007 passed by the Additional District Judge, VI, Patna, in Claim Case No. 48 of 2006 by which the Tribunal has ordered payment of ` 50,000/- as interim compensation for no-fault liability under Section 140 of the Motor Vehicles Act. It has been submitted by the appellant that since the deceased was not a 3rd party, there was no question of any interim compensation to him under Section 140 of the Motor Vehicles Act and, therefore, the order passed by the Tribunal is illegal. 2 However, on going through the impugned order, I find that even the appellant had conceded before the Tribunal that the deceased had been covered for ` 1,00,000/- as insurance and, therefore, without deciding as to whether the deceased could claim compensation as 3rd party, this application is disposed of with the direction to the appellant to pay ` 50,000/- to the Claimants within four weeks of the receipt of the order. ` 25,000/- which has been deposited before this Court as statutory amount of admission of appeal may be transmitted to the court below as part of the compensatory amount. With these observations, the application is disposed of. S.Ali ( Anjana Prakash, J.)