ASHOK Vs. ASHOK SINGH

JUDGEMENT

(1.) THIS revision is being finally decided on the prayer of both the parties.

(2.) THE main grievance of the petitioner is that the Tribunal rejected the prayer for interim relief u/s 140 of the Motor Vehicle Act 1988 (hereinafter referred to as Act), for no reasons. Shri Rajpal submitted that there is a certificate from the medical practitioner from Chothram Hospital certifying that the petitioner suffers 10% permanent disability because of the accident in question.

(3.) IT is to be noted that when the tribunal is entertaining an application preferred by a victim of motor accident, in view of S. 140 of the Act, the tribunal has not to probe the issue with detailed enquiry. It is to ascertain whether motor vehicle was involved in the said accident and whether the claimant has made out a prima facie case of permanent disability. In view of S. 142 of the Act, the claimant should not be asked to lead the evidence to the point of proving the fact as required in any litigation, for final verdict to be given. That much of evidence is not necessary while disposing an application connected with S. 140 of the Act, of claimant made to the tribunal in respect of a claim in which motor vehicle is involved in the accident. The tribunal has to dispose of such application in spirit in which Ss. 140 and 142 of the Act have been enacted.