RAJ KISHORE Vs. RAM AGRAWAL

JUDGEMENT

(1.) HEARD Mr. Ashok Lalwani for the appellant and Mr. R. P. Agrawal for respondent No. 3.

(2.) THIS appeal arises out of order dated 4. 1. 1996 passed by the First Addl. Motor Accidents Claims Tribunal, Katni, in Claim Case No. 29 of 1995, rejecting the application of appellant-claimant under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' ).

(3.) THE facts giving rise to this appeal are that appellant-claimant was proceeding from Katni to Dehitpur on 24. 5. 1995 on a scooter bearing registration No. MPA 3986 as a pillion rider. The scooter was being driven by the respondent No. 1 in a rash and negligent manner, as a result of which the scooter fell into a ditch and the claimant-appellant sustained serious injuries on his person. He also sustained fracture of the left elbow bone, causing permanent disability. The claimant preferred claim case under Section 166 of the Act and also moved an application under Section 140 of the Act for grant of interim compensation on the ground of his permanent disability. The Claims Tribunal, on consideration of the documents adduced by the claimant, disallowed interim compensation.