NATIONAL INSURANCE COMPANY LTD Vs. LAISHRAM SUNIL SINGH

JUDGEMENT

(1.) HEARD Mr. K. Pradeep, learned counsel appearing for the appellant/Insurance Company and Mr. S. Jibon, learned counsel appearing for the respondents

(2.) THIS appeal is directed against interim award dated 30.6.2011 passed in Motor Accident Claims Case No.115 of 2010 (for short MACT).

(3.) MR . Pradeep, learned counsel for the appellant strenuously contends that for passing an interim award under section 140 of the MV Act, 1988 the learned Tribunal has to satisfy that there is permanent disablement of the victim of the motor accident and for such prima facie decision, there shall be material document. He further contends that the documents produced by the claimants are not genuine and also opportunity was not available to the appellant to raise objection to the genuineness of the documents. The learned tribunal in the impugned judgment and order dated 30.6.2011 made a finding that for consideration of the application under section 140 of the MV Act for awarding interim compensation on the basis of no fault liability, Tribunal is not required to conduct a thorough enquiry. It is a summary procedure where the Court has to prima facie satisfy itself on the basis of the documents placed before it.