VINOD K.SHARMA, J. - (1.) THIS order shall dispose of CR Nos. 1411 and 1418 of 2008 both titled Ashok Kumar v. Salochana Devi & Ors., as common questions of law and facts are involved in both these petitions.
(2.) FOR brevity facts are being taken from CR No. 1411 of 2008. Respondent claimants filed a claim petition under section 166 of the Motor Vehicles Act (for short the Act) as amended up to date. In the said petition respondent No. 2 appeared in the court and denied the factum of accident. Before any evidence could be led the claimants moved an application under section 140 of the Act and also an application under Order 38 Rule 5 read with section 151 of the Code of Civil Procedure for attachment of the properties of the respondent Ashok Kumar petitioner both immovable as well as moveable.
(3.) LEARNED Tribunal has been pleased to order to pay a sum of Rs. 25,000/- under section 140 of the Act as interim compensation. Interest at the rate of 6 per cent per annum from the date of filing of the petition under section 140 of the Act till realization of amount has also been granted.;