NATIONAL INSURANCE COMPANY LIMITED BELGAUM Vs. SAROJINI

JUDGEMENT

(1.) We have heard Sri O. Mahesh, learned counsel for the appellant, and perused the grounds taken in the appeal as well as the order made by the Tribunal under Section 140 of the Motor Vehicles Act, 1988 (hereinafter called as the Act') by which a sum of Rs. 25,000/- has been awarded by way of interim award along with interest at the rate of 6% per annum.

(2.) The main contention of Sri O. Mahesh, in support of theappeal is that the original claimant Smt. Sarojini Gopal Hegde, mother of Anitha, who died in the accident occurred on 30-5-1992, having died during the pendency of M.V.C. No. 850 of 1992, the Tribunal was in error in allowing the application under Section 140 of the Act for grant of interim compensation in favour of the respondents herein who are none other than the other dependants of Smt. Sarojini. His submission is that the respondents No. 2 and 3 being not the legal representatives of the deceased Anitha, are not entitled to come on record claiming compensation.

(3.) We have perused the order under appeal. In paragraph No.9 thereof, the Tribunal observed that the respondents, including the appellant herein, did not seriously object to grant of interim compensation. However, being aggrieved by the order granting interim compensation in favour of Respondent Nos. 2 and 3, the appellant filed this appeal.