NEW INDIA ASSUANCE COMPANY LTD Vs. STEVENSON KHYRIEM

JUDGEMENT

(1.) Heard Ms. A. Paul learned counsel for the petitioner. None appears for the respondent despite notice.

(2.) By this application under Articles 226/ 227 of the Constitution of India, the petitioner has challenged the order dated 24.11.2003 passed by the learned Member, Motor Accident Claims Tribunal, at Shillong (for short, 'the MACT') in MAC case No. 64 of 2002 which granted interim relief of Rs. 25,000/- to the injured claimant as an interim relief while entertaining an application under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act').

(3.) Assailing the impugned order, Ms. Paul has forcefully contended that the impugned order granting interim relief of Rs. 25,000/- to the claimant by the MACT, was passed mechanically, arbitrarily and without any application of mind inasmuch as the learned Member failed to consider the nature of injury sustained by the claimant/respondent. As per Section 140 of the Act, an award on no fault liability can be granted in case of death or permanent disablement of any person arising out a vehicular accident and as such in case of injury, such injury must be in nature of permanent disablement. According to her, in the instant case it is apparent from the face of records that the nature of injury suffered by the respondent was not supported by any medical evidence nor was there any proof whatsoever in this regard to show that the claimant/respondent had sustained permanent disablement in order to get the interim relief under Section 140 of the Act.