PRADEEP RAJAK Vs. DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS appeal has been filed against the order dated 15.4.2002 passed by the 2nd Addl. District Judge -cum -Motor Vehicle Claims Tribunal, Aurangabad in Motor Vehicles Claim Case No. 28 of 2000 by which claim of the appellant for ad interim compensation under sec. 140 of the Motor Vehicles Act has been rejected on the ground that the claimant/injured has not sustained any injury causing permanent disablement, as defined under section 142 of the Motor Vehicles Act.

(3.) LEARNED counsel for the appellant submitted that the above provision i.e. Sec.140 of the Motor Vehicles Act is intended to provide compensation for no fault liability. The appellant sustained injuries and there is a report of the Medical Board showing that the appellant suffered 31 per cent injury. Learned 2nd Addl. District Judge, hence, was not justified in refusing ad interim compensation to the appellant. In support of his submissions, he relied on a judgment of the Patna High Court reported in 1997(1) PLJR 987 and the judgments of Madhya Pradesh High Court, reported in 2000 ACJ 1107, 2001 ACJ 2079, a judgment of Kerala High Court reported in 1995 ACJ 164 and another judgment of Madhya Pradesh, Indore Bench, reported in 2000 ACJ 108.