- (1.) The Tribunal has rejected the appellant's application filed under Section 142 holding that fracture/extraction of tooth would not be a permanent disablement under Section 142 of Motor Vehicles Act, therefore the appellant would not be entitled to an interim award under Section 140 of the Act. Being dissatisfied by the said order, the appellant/claimant has filed this appeal.
(2.) Shri Kanojiya, learned counsel for the appellant contends that the Tribunal was not justified in ignoring the provisions contained in Section 142 and was unjustified in rejecting the application. On the other hand Shri Jain and Shri Rao submit that extraction/destruction of the tooth would not be a permanent disability, therefore Section 140 would not be applicable at this stage. Counsel for the respondents also submit that for the purpose of Section 140 there must be a permanent disablement as defined under Section 142. According to them, nothing further can be added to Section 142.
(3.) Section 140 provides for liability to pay compensation in certain cases on the principle of no fault. Section 140 of Motor Vehicles Act, 1988 reads as under :-"Liability to pay compensation in certain cases on the principle of no fault.-(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this Section.(2) The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of twenty-five thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of twelve thousand rupees.(3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.;