NATIONAL INSURANCE COMPANY LTD Vs. FARIDAH

JUDGEMENT

(1.) To enforce the no fault liability, arising out of section 140 of the Motor Act, the Claims Tribunal Pulwama, directed payment of Rs. 25,000/- as interim relief to the claimant Mst. Faridah on the assumption that she had suffered permanent disability, because of the injuries sustained during the use of Motor Vehicle in reference.

(2.) Aggrieved by the said direction the insurer of the alleged offending vehicle, (National Insurance Company Ltd.) has invoked the appellate jurisdiction praying that this court may interfere with the impugned order as it is unwarranted, in that the victim of the accident, in which the motor vehicle was involved did not as a matter of fact sustained any disability, muchless a permanent one.

(3.) It is settled a (Sic) preposition of law that an order, enforcing no fault liability under section 140 of the Motor Vehicles Act (Section 92-A of the Old Act), is not appealable. The order granting interim relief being based on socio-economic consideration is not applicable under the Motor Vehicle Act.