DINESH KUMAR Vs. BABULAL

JUDGEMENT

(1.) CLAIMANT has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the interim award dated 4-12-2001 passed by Additional Member, M. A. C. T. , Shajapur in Claim Case No, 52/2000.

(2.) APPELLANT/claimant, who has received permanent disablement in an accident on account of the injuries, has applied for compensation under the principle of no-fault liability under Section 140 of the Motor Vehicles Act. The Tribunal after allowing the application filed by the claimant directed for payment of an interim award of Rs. 25,000/- to be paid by the owner and the Insurance Company equally and that the share to be paid by the Insurance Company shall be deposited in a Nationalised Bank as fixed term deposit for a period of one year, against which the claimant has filed this appeal.

(3.) THE Tribunal has apportioned the liability between the owner and the Insurance Company on the proportion of 50 : 50 on the ground that the driver of the vehicle was not having valid driving licence on the date of accident. It was submitted by the Counsel for the appellant that such a defence by the Insurance Company cannot be taken while considering the application under Section 140 of the M. V. Act for awarding compensation under no-fault liability. In support of his contentions he has placed reliance on the decisions of this Court in the case of National Insurance Co. Ltd. v. Thaglu Singh and Ors. (1995 ACJ 248) and in the case of Oriental Insurance Co. Ltd. v. Annamma Abrahim and Ors. (1995 ACJ 1189), in which it has been held that the conditions of the policy is foreign to the scope of enquiry in a claim under Section 140 of the Motor Vehicles Act.