Honble KAPUR, J. – The Parliament in its wisdom has confined the applicability of Section 140 of the Motor Vehicles Act, 1988 to only those cases where the death and permanent disablement of any person is resulted from an accident. The interim compensation on the ground of no fault liability has not been allowed in case of accident where disablement is temporary. Where the disablement is temporary, the injured person will be entitled to compensation after the whole matter is enquired into. At the time of moving an application under Section 140 of the MV Act the injured claimant has to satisfy that on account of the accident, he or she has been permanently disabled. In the present case, the certificate given by the doctor is as under :– ``I certify that I have this day 29.6.95 examined Kumari Anjana 5 years who states he was accidently injured on 12.11.94 and was admitted into its hospital and discharged on and treated in the O.P.D. at from 12.11.94 to till. M.I. 1 1/2 cm x 1 cm scar (F) forearm. In my opinion the injury and injuries which he has sufferred by reason of the accident involve;– (a) Permanent privation of the site of either eye or the hearing of the either ear or privation of any member or joint; (b) destruction or permanent imparing of the powers of any member or joint. (c) permanent disfiguration of the head or face. She sustained fracture of upper 1/3rd shaft of femur left side which intend Cantire angulation. She is having limping and wasting of muscles. Disability about 10% (ten). Sd/- Junior Specialist (2). A five year old girl has sustained fracture of upper 1/3rd shaft of femur left side but there is no mentioned in the certificate whether the disablement is permanent or temporary. (3). Section 142 of the MV Act provides as to what is the permanent disablement. In this section the injuries sufferred as a result of accident as mentioned in the clauses (a), (b) and (c), which have been scored out in the certificate, amount to permanent disablement. (4).
(3). Section 142 of the MV Act provides as to what is the permanent disablement. In this section the injuries sufferred as a result of accident as mentioned in the clauses (a), (b) and (c), which have been scored out in the certificate, amount to permanent disablement. (4). When in the opinion of the doctor who gave the certificate the injuries of the applicant does not fall within (a), (b), (c) of Section 142 of the MV Act then at this stage it cannot be said that the applicant has sufferred permanent disablement so as to get interim compensation on basis of no fault liability. The cLaims Tribunal has examined this situation in order to refuse interim compensation on the ground of no fault liability. A reading of Section 140 alongwith 142 of the MV Act makes it clear that interim compensation can be allowed only on basis of permanent disablement and permanent disablement for this purpose is defined under Section 142 of the Act and at present it cannot be said that the case of the applicant is cove- red by permanent disablement provided under Section 142 of the MV Act. The application for grant of interim compensation has been rightly refused. There is no force in this revision petition and it is dismissed.