LALU RAM Vs. MOHD. UMAR AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order dt. 06.07.2007 passed by learned Judge, Motor Accident Claims Tribunal, Udaipur in MACT Case No. 145/2005 rejecting the prayer to pass an interim award on an application filed by the claimant under Section 140 of Motor Vehicles Act, 1988 (for short 'the Act ').

(2.) THE brief facts of the case are that the claimant -Lalu Ram on 31.10.2003 at 6.30 p.m. along with one Kuka Ram were going on Suzuki motor -cycle No. RJ -27 -12M -5080 from Udaipur to their village. The motor -cycle was being driven by Kuka Ram and he was sitting behind. It was alleged that in the way, a tempo bearing No. RJ -27P -4364 driven by its driver -Mohd. Umar in a rash and negligent manner after overtaking them, suddenly and carelessly took right turn without giving any indication, as a result of which, the said tempo hit the motor -cycle and the claimant fell down and sustained injuries on his left shoulder and was taken to hospital where after examination, injury report was prepared and X -ray was taken, in which Clavicle bone was found fractured. The copy of injury report as well as that X -ray report was produced by the claimant along with the main claim petition. It was stated that in the accident he sustained grievous and simple injuries and his color bone was fractured. It as further stated that in that respect, a case vide FIR No. 312/2003 was registered at Police Station, Pratapnagar for the offence under Sections 279, 337 and 338 I.P.C. The claimant filed a claim petition for awarding reasonable compensation against the driver, owner the insurance company of the said tempo to the tune of Rs. 8,95,600/ -. In the same application he also made a prayer for awarding interim compensation under Section 140 of the M.V. Act. The case proceeded on his petition and is still pending for final adjudication. In the meantime, though at a belated stage, the claimant pressed for interim award which he had made earlier and for that he filed an application on 06.07.2007 during the pendency of the main petition. A reply to the said application was filed by the non -applicant but after hearing both the sides, the learned Tribunal rejected the application vide order dt. 06.07.2007 observing that the main case has been listed for final hearing and said prayer has been pressed at a belated stage, thus, no order for interim award was passed.

(3.) DURING the course of arguments learned Counsel for the claimant -appellant submitted that the order passed by the learned Tribunal with regard to interim award is against legal provision, thus, is not sustainable. It was contended that the applicant had moved for interim award along with the main petition. It was the obligatory duty of the learned Tribunal to pass interim award in time and for that the claimant could not be blamed for the delay. It was further contended that the criteria for passing interim award are different than that of passing of final award, therefore, it was having was no nexus with the final adjudication of claim. The reasons shown in the impugned order for not considering his prayer under Section 140 M.V. Act are not sustainable. It was also contended that the appellant was entitled to get interim award in his favour as his color -bone has been fractured in the accident and in this respect injury report as well as the X -ray report were produced along with the main claim petition, from which, it was found 'fracture of mid part of left clavicle bone. It was urged that on that basis permanent disability could have been inferred. The appellant in addition to these documents also produced along with the claim petition a certificate of permanent disability given by the Board of Doctors as per rules before the learned Tribunal at the time of hearing but the learned Tribunal has not considered his prayer and has rejected his application on whimsical grounds and not awarded interim compensation under Section 140 M.V. Act, therefore, it was urged that the impugned order dt. 06.07.2007 be set aside and interim compensation under Section 140 M.V. Act may be awarded or the case may be remanded back for considering his prayer and the appeal may be allowed.