ARUN MADAN,J. - (1.) HEARD learned Counsel for the appellant on admission. The appellant New India Assurance Company has come up by way of this miscellanous appeal against the interim award dated 23.2.2001 passed by the Motor Accident Claims Tribunal, Kotputli (for short 'the Tribunal') in Claim Petition No. 341/2000 filed by the claimant i.e. respondent No. 1 -Pala Ram for award of Rs. 16,10,000/ - by way of compensation and Rs. 25,000/ - by way of interim compensation. The learned Tribunal vide aforesaid order awarded interim compensation of Rs. 25,000/ - to respondent No. 1 while the claim petition is still pending for final adjudication by the learned Tribunal.
(2.) THE contention of the learned Counsel for the appellant is that the liability of the either party is yet to be finally determined in the claim petition hence, the respondent No. 1 is not entitled to interim compensation. From the appeal it is averred that on 31.10.1998 respondent No. 1 was travelling in a bus from Sunderpura to Talot to attend a marriage accompanying 50 other persons. At about 2.00 p.m. one truck bearing No. RJ -02/G 2080 came from the opposite side and collided with the bus; as a result of which bus overturned and three persons namely, Ramesh aged about 18 years, Ram Karan aged 19 years (conductor of the bus), and Kumari Reena aged 5 years died at the spot while other persons including the claimant -respondent No. 1 sustained grievous injuries.
(3.) RESPONDENT No. 2 -Shimbhu Dayal (the driver of the truck) was charge sheeted for offence Under Sections 279,337,338 and 304 -A, I.P.C. r/w Sections 134/187 of the Motor Vehicles Act, 1988 (for short 'the Act').;