ORIENTAL INSURANCE CO.LTD. Vs. SARISHTA KUMARI

JUDGEMENT

(1.) This appeal is directed against the interim order/award dated 10.3.2010 passed by Motor Accidents Claims Tribunal, Jammu in a claim petition, titled as Sarishta Kumari v. Oriental Insurance Co. Ltd. whereby application for grant of interim compensation in terms of section 140 of Motor Vehicles Act, 1988 (for short, 'the Act') came to be allowed and interim award of Rs. 50,000 came to be passed in favour of claimants-respondents (for short, 'the impugned order').

(2.) The ground taken by the appellant insurer in the memo of appeal, as argued by the learned counsel for appellant, is that the driver of the offending vehicle was not having valid driving licence at the relevant point of time, thus the impugned order merits to be set aside. It is apt to reproduce section 140 of Motor Vehicles Act herein:

(3.) This provision mandates how to grant interim compensation by making interim award on the basis of no fault liability.