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Judgment
N.P. Singh, J.
This appeal, as well as M.A. Nos. 952/96, 953/96, 954/96, 955/96, 956/96, 957/96, 958/96, 959/96 and 962//96 arise out of the same accident and common question of law is involved in these appeals. Therefore, they are heard together and disposed of at the admission stage without notice to the respondents.
This appeal is directed against the order dated 1.7.1996 passed by the Motor Accidents Claims Tribunal. Chhindwara whereby he awarded interim compensation of Rs. 25, 000/- to the appellants/claimants u/s 140 of the Motor Vehicles Act. 1988 (hereinafter referred to as the ''Act'') on account of the death of the deceased in a motor accident which took place on 20.8.1995 after deducting the ex gratia payments received by the claimants from the State Government and the respondent/MPSRTC.
The question of law involved is whether payment of ex gratia to the dependents of the deceased on account of the death of the deceased in the motor accident can be adjusted towards the payment of interim compensation u/s 140 of the Act.
It is obvious from sub-section (2) of Section 140 of the Act that the amount of interim compensation in respect of death of any person in a motor accident shall be Rs. 80.000/-. Payment of Rs. 50.000/- in case of death is mandatory. Ex gratis payments are made to the dependents of the deceased under the policy of the Government and the Corporation. Therefore, the ex gratia payments paid to the dependents of the deceased is not subject to adjustment in the interim compensation payable u/s 140 of the Act.
For the reasons mentioned above the impugned award is set aside, the appeal is allowed and it is held that the appellants arc entitled to receive Rs. 50,000/- as interim compensation.