MAMTA BAI Vs. CHARANJIT

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the order dated 14. 11. 1990 passed in Motor Accident Claim Case No. 109 of 1989 by Additional Motor Accidents Claims Tribunal, Katni, whereby the Claims Tribunal refused to grant interim award to the appellant.

(2.) THE appellant has filed a petition under Section 166 of the Act along with an application under Section 140 of the same Act claiming that she has suffered permanent disability as a result of motor accident.

(3.) IT is claimed by the appellant that she has suffered injuries as a result of the accident caused by respondent No. 2. The respondent No. 1 is the truck owner and respondent No. 3 is the insurance company. In their reply to application under Section 140 of the Act, it is not disputed specifically by the respondents that no permanent disability was caused to the appellant. The appellant had produced the certificate of Dr. D. K. Swarnkar which shows that the appellant was suffering from pain over her sacrum and upper half of the left thigh. She was suffering from permanent weakness. At this stage, no X-ray report was produced. However, it is clear from the certificate that appellant had suffered permanent weakness.