(1.) MACP No.1577 of 2001 has been filed by the present appellant-original claimant before the MAC Tribunal, Baroda, along with an application for interim compensation at Ex.7 under Sec.140 of Motor Vehicles Act ('the Act' for short). The tribunal has dismissed the claim petition on the ground that claimant himself was negligent for the accident as he put his head outside the window causing the head to dash with other vehicle sustaining serious injuries to the claimant.
(2.) HEARD learned advocates, Mr.Modi for the appellant and Ms.Bhatt for the respondent.
(3.) IT is submitted by Ms.Bhatt that order passed below application Ex.7 filed under Sec.140 of the Act was not challenged before this Court and, therefore, once application under Sec.166 of the Act is decided, question does not arise to grant any compensation under NFL as interim compensation and, therefore, appeal deserves to be dismissed.