ANJANA Vs. MANGAL SINGH

JUDGEMENT

(1.) PARLIAMENT in its wisdom has confined the applicability of Section 140 of the Motor Vehicles Act, 1988, to Only those cases where the death and permanent disablement of any person is resulted from an accident. The interim compensation on the ground of no fault liability has not been allowed in case of accident where disablement is temporary. Where the disablement is temporary, the injured person will be entitled to compensation after the whole matter is inquired into. At the time of moving an -application under Section 140 of the Motor Vehicles Act the injured claimant has to satisfy that on account of the accident, he or she has been permanently disabled. In the present case, the certificate given by the doctor is as under:

(2.) A five years old girl has sustained fracture of upper 1/3rd shaft of femur left side but there is no mention in the certificate whether the disablement is permanent or temporary.

(3.) WHEN in the opinion of the doctor who gave the certificate, the injuries of the applicant do not fall within Clauses (a), (b) and (c) of Section 142 of the Motor Vehicles Act, then at this stage it cannot be said that the applicant has suffered permanent disablement so as to get interim compensation on basis of 'no fault liability'.