PREMLATA AGARWAL Vs. MOHD. SHAMIM

JUDGEMENT

(1.) THE applicant filed a petition before the Motor Accident Claims Tribunal, claiming compensation for the injuries sustained by her in an accident which occurred on 5.4.1984 involving the vehicle of respondent No.2, Director of Public Health Services, Bhopal and driven by respondent No.1 Moh. Shamim. During the pendency of the proceedings, an application was moved under the amended provisions of section 92 -A of the Motor Vehicles Act, 1939 for grant of interim compensation. A certificate of the doctor showing the disablement of the applicant was filed before the Claims Tribunal along with the application under section 92 -A of the Motor Vehicles Act. The Claims Tribunal, although took note of the certificate produced from the doctor, but disallowed the application for interim compensation on the ground that the certificate does not mention the word 'permanent disablement' but only mentions 'disablement'. In my opinion, the disablement sustained by the applicant has to be inferred from the injuries sustained by her The certificate of the doctor shows the following injuries which are alleged to have been received in the accident by the applicant: (1) Pain; (2) Radiological mal -union; and (3) Disfigurement due to multiple scars following compound fracture of both legs and percentage of disability is certified to be 15%.

(2.) THE nature of the aforementioned injuries clearly shows that the applicant had suffered permanent disablement. The Court, while deciding a matter under section 92 -A of the Motor Vehicles Act has to see only whether there was an accident and in that accident the applicant received injuries which are in the nature of a permanent disablement. The Court has to see no other matter. The Claims Tribunal, while deciding the application for interim compensation, has given undue weight to the words used in the certificate. In my opinion, the applicant having suffered a permanent disablement, is entitled to have an interim compensation of Rs.7,500/ - from the respondents jointly and severally.