High Court Madhya Pradesh High Court

Rahnuma @ Lalli vs Prahalad Das Gupta And Ors. on 16 July, 2003

Madhya Pradesh High Court
Rahnuma @ Lalli vs Prahalad Das Gupta And Ors. on 16 July, 2003
Equivalent citations: I (2004) ACC 208
Author: U N Singh
Bench: U N Singh


ORDER

Uma Nath Singh, J.

1. This appeal has been preferred against an order of Motor Accident Claims Tribunal, Sheopurkalan in Claim Case No. 14/1996 dated 24.12.1998 rejecting the application for interim award under Section 140 of the Motor Vehicles Act.

2. From the impugned order, and the rival submissions, it appears that the interim compensation has been denied on the sole ground that the medical certificate placed on record does not disclose in clear terms the extent of disability said to have been suffered in the accident. The claim case is awaiting final adjudication and the claimant has not been paid any interim award for the aforesaid reason, although she is said to have been incurring heavy expenses for her treatment.

3. Under the circumstances the Motor Accident Claims Tribunal is directed to refer the victim/claimant to a duty constituted Medical Board within two weeks from receipt of a copy of this order to find out the extent of disability and then consider awarding an interim compensation in case the medical examination reveals a ground for that. The Tribunal shall also dispose of the matter finally as early as possible.

4. In view of the aforesaid, the matter is remitted for a fresh consideration in terms of the directions and the M.A. No. 190/1999 is hereby disposed of.