LAWS(MPH)-1993-9-18

MAHENDRA PRASAD MISHRA Vs. MOHD SABBIR

Decided On September 14, 1993
Mahendra Prasad Mishra Appellant
V/S
Mohd Sabbir Respondents

JUDGEMENT

(1.) THE Claims Tribunal, Rewaby order passed on 27-4-1992 has awarded interim compensation under Section 140 of the M.V. Act, 1988, in the sum of Rs. 12,000/-, with interest, in favour of non-applicant No. 1, for the injuries sustained by him in a motor accident, which took place on 22.6.1991.

(2.) THE owner of the vehicle involved has preferred this revision under Section 115 of the Code of Civil Procedure, against the interim award of compensation, passed by the Claims Tribunal. The contention advanced is that there was no evidence, even prima facie, on record to hold that the claimant had suffered any 'permanent disablement' as defined in Section 142 of the M.V. Act. The award is, therefore, assailed on the ground that there was no justification for awarding a sum of Rs. 12,000/- as interim compensation.

(3.) 'Permanent disablement' for the purpose of interim compensation under Section 140 of the M.V. Act, has been defined in Section 142 of the Act as under: