( 1 ) THESE are cases of permanen t disablement and death of one person due to accident caused whether Reporters of Local Papers may be allowed to see the Judgment" when the driver lost control of the vehicle. Claimants suffering permanent disablement filed applications under section 140 of the Motor Vehicles Act, 1988 (hereinafter `the m. V. Act ) and in case of death of one of the occupants of the vehicle, legal heirs preferred claims both under Section 140 and 166 of the M. V. Act. These applications were opposed by the Insurance Company on grounds that the claimants were gratuitous passengers travelling in a goods vehicle, they did not suffer permanent disability, their names were not in the f. I. R. /charge-sheet and nexus with the accident and injuries was not established. However, the Tribunal recording the finding of involvement of the vehicle and injuries to the claimants resulting from the accident, brushed aside the defences of the Insurance Company, holding that they could be decided later on merits. Accordingly claimants were awarded compensation.

( 2 ) AGGRIEVED by these awards, Insurance Company preferred appeals to this Court. Finding unable to agree with the two si

Click Here to Read the rest of this document