( 1. ) CLAIMANT has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the interim award dated 4-12-2001 passed by Additional Member, M. A. C. T. , Shajapur in Claim Case No, 52/2000.

( 2. ) APPELLANT/claimant, who has received permanent disablement in an accident on account of the injuries, has applied for compensation under the principle of no-fault liability under Section 140 of the Motor Vehicles Act. The Tribunal after allowing the application filed by the claimant directed for payment of an interim award of Rs. 25,000/- to be paid by the owner and the Insurance Company equally and that the share to be paid by the Insurance Company shall be deposited in a Nationalised Bank as fixed term deposit for a period of one year, against which the claimant has filed this appeal.

( 3. ) THE Tribunal has apportioned the liability between the owner and the Insurance Company on the proportion of 50 : 50 on the ground that the driver of the vehicle was not having valid driving licence on the date of accident. It was submitted by the Counsel for the appellant that such a defence by the Insurance Company cannot be taken while considering the application under Sec