( 1 ) THIS Appeal, by New India Assurance Company Limited, is directed against the Award whether reporters of Local Papers may be allowed to see the Judgment" Yes passed by the Motor Accident Claims Tribunal (Aux.), Vadodara, dated 22. 9. 2005, below Exh. 7, MAC Petition No. 1411 of 2004, under Section 140, Motor Vehicles Act, 1988.

( 2 ) BRIEFLY stated, accident took place on 6. 2. 2004. Balubhai parshottambhai Harijan (claimant) had gone to house of Bhailalbhai valjibhai Parmar at Tilakwada. At 8:00 p. m. , he left for his house. He waited for bus at Tilakwada three roads but he boarded Truck No. GJ-1- t-4257 which came in the meanwhile. Truck was being driven rashly, negligently and at excessive speed. As a result, the driver of the truck lost control at the turn near bus stand of village Naliya, and bus turned turtle. As a result of this accident, claimant suffered fractures in legs, injuries on waist, chest and other parts of the body. Reaching home, he took treatment, reported the matter to police on the next day and took further treatment at private hospital as an indoor patient. At the time of accident, he was earning more than Rs. 1,500/- per month from labour work. He was subjected to operation for legs and treatment of other injuries, due to which, he suffered serious pains. During treatment, he had to take medicines and special diet. He had to spend on transportation and attendant. After discharge from hospital, he had to take rest for long time. Because of injuries, he could not do labour work, therefore lost income. He underwent long treatment, physical pain, mental agony and incapacity to do usual work. He suffered permanent disability, therefore, could not do work as before. Total compensation of Rs. 1,25,000/- is claimed from the opponents.

( 3 ) WITH the claim petition, application under Section 140, Motor vehicles Act, 1988, is filed for Rs. 25,000/- on the basis of facts stated in the claim petition.

( 4 ) OPPONENT-3 filed reply to claim petition and application under Section 140 denying the claims, stating interalia that both, claim petition and interim application are not maintainable in law, therefore liable to be dismissed. Averments with regard to age, occupation, address, income, nature of injuries of claimant, date, time and place of accident are denied. Registration number of offending vehicle, address of driver, owner and insurer are not admitted seeking strict proof thereof, particularly, with regard to taking place of accident by truck No. GJ-1-T- 4257 on 6. 2. 2004 around 9:00 p. m. on the turning near bus stand situated on the way going from Tilakwada to Dabhoi because First Information report was lodged on 7. 2. 2004, meaning thereby, incident of accident is fabricated. Averments that claimant had gone to Tilakwada to the house of Bhailalbhai Valjibhai Parmar and when he was returning home, took lift in truck No. GJ-1-T-4257 and accident took place as alleged due to driving of truck carelessly and negligently by the driver losing control over the steering and truck over-turning, as a result thereof, injuries suffered by the claimant, are also denied. It is stated that injuries are not accidental. Otherwise, after suffering them, claimant was not expected to take treatment at home and go to hospital next day after registering First information Report. Income earned by the claimant is also denied. It could not be said whether at the time of accident, vehicle was insured with the insurer, otherwise, amount claimed is exaggerated. Claimant is not entitled to interim compensation of Rs. 25,000/- with interest.

( 5 ) ON 22. 9. 2005, Claims Tribunal awarded compensation of Rs. 25,000/- with interest at the rate of 7. 5% per annum from the date of application till realization against opponents jointly and severally, to be paid to the claimant or deposit the same in the Tribunal within a period of one month from the date of order. Precisely, the impugned award is as under:"1. Heard, t