SHIV NARAYAN Vs. KAMAL SINGH

JUDGEMENT

(1.) THE claimant-appellant feels aggrieved by the order passed by the Motor Accidents Claims Tribunal rejecting his application seeking payment of an amount of Rs. 15,000 as interim compensation under Section 140 of the Motor Vehicles Act, 1988 in respect of his disablement claimed to have resulted from an accident arising out of the use of the offending motor vehicle bearing registration No. MP-04-H-7089 and has come up in appeal seeking redress.

(2.) I have heard the learned Counsel for the appellant as well as the learned Counsel representing the contesting respondents and perused the record.

(3.) THE Tribunal under its order has rejected the application in question on the ground that the contesting opposite party had denied the allegations of the claimants assailing that the disablement relied upon by the claimant had not resulted from the accident arising out of the use of the motor vehicle bearing registration No. MP-04-H-7089 and in such a situation when a dispute had been raised relating to involvement of the motor vehicle in question there could be no justification for granting the application as the matter required investigation. While rejecting the application the Tribunal directed that the contesting opposite party would be entitled to full compensation on the conclusion of the proceedings in case they succeed in establishing their entitlement to it.