AIR 1995 GUJARAT 126

Gujarat High Court

Hon'ble Judge(s): J. M. Panchal , J

Motor Vehicles Act (59 of 1988) , S.140— Liability without fault - Accident Permanent disablement - Application under Section 140 claiming Rs. 12,000/- as compensation during pendency of claim petition - Fact that vehicle in question was involved in accident, proved - Tribunal can make award without deciding defences raised by insurer of other objections of insurer or owner - Section 140 is beneficial legislation for immediate aid to helpless victims of accidents. Interpretation of Statutes - Benficial legislation.@page-Guj127 Gujarat Motor Vehicles Rules (1989) , R.231(5)— The object underlying enactment of Section 140 is to make available to the claimant compensation amount to the extent of Rs.12,000/- in case of premanent disablement as expeditiosuly as possible and the said award has to be made before adjudication of the claim under Section 168 of the Act. It must be seen that Section 140 of the Act speaks of peremptory awards in cases of permanent disablement or death. The object underlying this consideration is the immediate relief to the disabled victim if accident in case of permanent disability. Provision of Section 140 is a piece of beneficial and ameliorative legislation providing for an immediate aid to the hapless and helpless victims of the motor vehicle. The objects for which Section 140 of the Act is enacted would be defeated i....