KISHANLAL Vs. NAVEEN KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the claimant-injured against the order dated March 13, 1991, passed by the Third Motor Accidents Claims Tribunal, Indore, in Claim Case No. 108 of 1990 whereby , the learned Tribunal has rejected the claimant's prayer under Section 140 of the Motor Vehicles Act, 1988, for grant of an interim award of Rs. 12,000 in respect of the injuries sustained by the claimant in the motor accident.

(2.) IT has been stated that, according to the medical certificate issued by Dr. Pradeep Bhargava, filed in the case, the claimant had suffered a permanent disability in his right arm to the extent of 16 per cent, and that the injury sustained in the accident has left a permanent scar admeasuring 21/2" on the cheek of the claimant amounting to permanent disfigurement of his face. The learned Tribunal, however, after considering the said medical certificate, which is prima facie material placed on record by the claimant, has deferred the consideration of the claimant's prayer for interim compensation on the ground that the question of permanent disablement can be determined at the final stage on completion of the trial and has, therefore, rejected the prayer for grant of interim award.

(3.) LEARNED counsel for the appellant has challenged the impugned order on the ground that the whole purpose of an interim award under Section 140 of the Act is frustrated by postponement of determination of the question of permanent disability sustained by the claimant injured in the motor accident. It has been submitted that the medical certificate is a prima facie evidence which deserves acceptance at the initial stage for the purpose of giving immediate relief by awarding interim compensation under Section 140 of the Act.