NATIONAL INSURANCE COMPANY LTD. Vs. JYOTI RAM

JUDGEMENT

(1.) These three appeals are outcome of a common interim award dated 2.1.2007, for short "the impugned award" passed by the learned Motor Accident Claims Tribunal Mandi, H.P. , hereinafter referred to as "the Tribunal", for short, in three different claim petitions, in terms of Section 140 of the Motor Vehicles Act, 1988, for short "the Act" on the principle of no fault liability.

(2.) It is beaten law of the land that interim award passed under Section 140 of the Act is appealable but cannot be questioned on flimsy grounds. Section 140 of the Act mandates that the interim award can be granted on the basis of prima facie proof to the effect that the accident is outcome of rash and negligent driving of the driver of a motor vehicle, the vehicle is insured and the victim has sustained permanent disability or has succumbed to the injury.

(3.) The apex Court in a case titled Shivaji Dayanu Patil and another vs. Smt. Vatschala Uttam More, 1991 1 ACC 306 laid down the guidelines how to grant interim relief/ award, in terms of Section 140 of the Act.