NATIONAL INSURANCE CO LTD Vs. JUVANSANGBHAI MANSANGBHAI MORI

JUDGEMENT

(1.) By the present appeal, the appellant challenges a judgment and order, rendered by M.A.C.Tribunal, Bhavnagar in M.A.C.Petition No.644 of 2002, below Exh.5, which is an application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), claiming interim compensation of Rs.25,000/-, on the ground that the claimant having sustained permanent partial disability.

(2.) The Tribunal, after considering the various contentions raised before it, came to a conclusion that the claimant was entitled to a compensation and as the requirements of Section 140 of the Act were satisfied, awarded a sum of Rs.25,000/- by way of compensation under "no fault liability" provision of the Act. Aggrieved by the said judgment and order, the present appeal is preferred by original opponent No.3 " the National Insurance Company.

(3.) Learned Advocate Mr.Shah appearing for the appellant submitted that the Insurance Co. is ready to deposit the remaining amount of compensation with proportionate cost and interest with the Tribunal. He also submitted that the entire amount may be invested in fixed deposit till claim application under Section 166 of the Act is decided.