SANGITA Vs. NARENDRA SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 23. 11. 1991 passed by the presiding Judge of Motor Accidents Claims Tribunal, Bhind.

(2.) BY the impugned order the Tribunal had refused to grant interim compensation under Section 140 of the Motor Vehicles Act, 1988 on the ground that no permanent disability was proved by the petitioner.

(3.) THIS petition was earlier presented as writ petition under Article 227 of the Constitution of India. The question arose as to whether an appeal will lie against the impugned order or only a writ petition could be preferred. On this point when the matter was heard by the Division Bench, there was a difference of opinion between the two Judges of this Court hearing the writ petition. Brother R. C. Lahoti, J. had expressed the opinion that an appeal will lie against the impugned order under Section 115 of the Code of Civil Procedure and the writ petition was not maintainable and the same was dismissed. Brother, KM. Pandey, J. had differed and held in the same order dated 27. 6. 1992 that no appeal will lie against the impugned order and only a writ petition against the impugned order will lie.