MOHAR SINGH Vs. HARI RAM

JUDGEMENT

(1.) THE appeal is against order dated 21. 7. 1997 passed by Second Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 27 of 1995 whereby it rejected the application under Section 140 of the Motor Vehicles Act, 1988 filed for interim compensation.

(2.) AN incident is said to have occurred on 17. 3. 1995 in which claimant Mohar Singh sustained fracture of tibia and fibula bones of his right leg. In para 10, the Tribunal has found that the accident occurred due to rash and negligent driving of the offending vehicle. It has also found that the claimant was got medically examined in J. A. Group of Hospitals, X-ray report shows that the claimant sustained fracture of tibia bone of his right leg. It has further found that the discharge certificate shows that the appellant-claimant had sustained fracture of tibia and fibula bones of his right leg. Having found so, the Tribunal rejected the application of the appellant.

(3.) HAVING considered the facts and circumstances of the case and also having perused the material on record, that is, X-ray report dated 17. 3. 1995 and the discharge certificate dated 19. 3. 1995, in the opinion of this Court, there is sufficient material on record for the grant of interim compensation to the appellant. Accordingly, this appeal is allowed, the impugned order is set aside and it is held that the appellant is entitled to interim compensation with interest at the rate of 12 per cent per annum from the date of application. This amount be paid within three months. If the respondents fail to pay the interim compensation within three months from today, then the appellant will be entitled to penal interest at the rate of 15 per cent per annum. Counsel's fee Rs. 500, if certified.