1 S.B. CIVIL MISC. APPEAL NO.4072/2007 SMT. MANJU & OTHERS V/s SUPERINTENDENT OF POLICE, GRP, AJMER & Ors. DATE OF ORDER :- MAY 30, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for appellants. Shri Ashish Jain, Dy. Government Advocate. 1. The case has come up for admission. Counsel of both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by claimants against the award dated October 3, 2007 of the learned Motor Accident Claims Tribunal (Additional District Judge No.1), Bayana (Bharatpur) whereby application for interim award u/s 140 of M.V. Act was dismissed on the ground that the negligence of the driver was not proved. 4. Learned counsel for the appellants submitted that section 140 of 2 the M.V. Act pertains to no fault liability and that the learned Tribunal is not required to go into the negligence part of the offending vehicle and as such the order of the learned Tribunal needs to be quashed and the learned Tribunal may be directed to pass fresh order as per law. Learned counsel for the appellant submitted that the appeal against the interim award is maintainable in view of the judicial pronouncement of Hon'ble Supreme t in Yallwwa and others v. National Insurance Co. Ltd and another (2007 ACJ 1934). 5. Per contra, learned counsel for the respondents supported the order of the learned Tribunal on the ground that the negligence of the vehicle was not found to be proved by the Tribunal and calls for no interference. 6. In view of the submissions advanced and in view of the provisions of section 140 of the M.V. Act, it goes without saying that the amount is to be awarded u/s 140 of the M.V. Act is not required to be gone into the negligence part of the offending vehicle and as such the order of the learned Tribunal 3 rejecting the application for interim relief u/s 140 M.V. Act is not sustainable in the eye of law. 7. Accordingly, the impugned order dated 3.10.2007 is set aside and the learned Tribunal is directed to pass an order pertaining to interim relief as per law within a period of two months. 8. The appeal stands disposed of. (Guman Singh),J. Chauhan/-