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1993 Supreme(MP) 542

D.M.DHARMADHIKARI
Mahendra Prasad Mishra – Appellant
Versus
Mohd. Sabbir – Respondent


JUDGMENT

D.M. Dharmadhikari, J.

1. The Claims Tribunal, Rewa, by order passed on 27.4.1992 has awarded interim compensation under Section 140 of the Motor Vehicles Act, 1988, in the sum of Rs. 12,000/-, with interest, in favour of non-applicant No. 1, for the injuries sustained by him in a motor accident, which took place on 22.6.1991.

2. The owner of the vehicle involved has preferred this revision under Section 115 of the Code of Civil Procedure, against the interim award of compensation, passed by the Tribunal. The contention advanced is that there was no evidence, even prima facie, on record to hold that the claimant had suffered any 'permanent disablement' as defined in Section 142 of the Motor Vehicles Act. The award is, therefore, assailed on the ground that there was no justification for awarding a sum of Rs. 12,000/- as interim compensation.

3. The learned counsel for the claimant points out that it was not disputed before the Claims Tribunal that non-applicant No. 1, Mohd. Sabbir, had suffered an injury in which his left femur, tibia and fibula bones were fractured.

4. 'Permanent disablement' for the purpose of interim compensation under Section 140 of the Motor Vehicles Act h








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