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2001 DIGILAW 238 (MP)

Vrindavan Yadav v. Jeevanlal

2001-03-13

S.S.SARAF

body2001
JUDGMENT This appeal under section 173 of the Motor Vehicles Act, 1988 (for short the 'Act') has been preferred against the order dated 7.8.2000 passed by the learned Second Additional Motor Accidents Claims Tribunal, Mandla in Motor Claim case No. 255/99 rejecting the application filed under section 140 of the Act, for interim award. The claimant/appellant was a driver of Commander Jeep bearing No. MP-20H/8849. There was a collision between the said jeep and a Bus bearing registration No. MUJ 2376 which was being driven by the respondent No.1. A claim case has, therefore, been filed by the claimant/appellant. The claimant also filed an application under section t40 of the Act for interim award which has been rejected by the learned Vribunal on the ground that the claimant himself was involved in the accident and he also prima facie appeared to be responsible for the collision. Being aggrieved by the impugned order dated 7.8.2000, rejecting the above application, the claimant has filed the present appeal. Having heard the learned counsel for both the sides, I am of the view that this appeal deserves to be allowed. The claimant-appellant has prayed that an amount of Rs. 25,000/be awarded to him under 'no fault liability' principle. It appears that claimant suffered permanent disability. Though he himself was driving one of the vehicle which collided, he is entitled to get the compensation under no fault liability. The Apex Court in K. Nandakumar v. Managing Director, T.P. Transport Corporation 1996(II) M.P. Weekly Notes, 115 has laid down that" even if the claimant is responsible for negligence which resulted in accident, he is still entitled to compensation under no fault liability, if it is found that he suffers permanent disability. For the reasons stated above, the appeal is allowed. The impugned order is quashed. The respondent No.4 United India Insurance Co. Ltd., shah pay to the claimant-appellant an amount of Rs. 25,000/- as no fault compensation within one month from today.