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Judgment
W.A. Shah, J.
Heard. This appeal can be finally disposed of at the motion hearing stage without notice to other side hence following final order is being passed.
ORDER
This is an appeal u/s 173 of the Motor Vehicles Act. It arises out of refusal to pass interim Award by learned Tenth Motor Accident Claims Tribunal, Indore in Claim Case No. 80/2005 on 15.5.2006. The impugned order shows that learned Tribunal, while rejecting the application u/s 140 of the Act stated that in the case at hand, that was a question to be decided on substantive evidence that claimant/appellant had sustained permanent disablement in the accident in question. It is submitted by the learned Counsel that he made a statement at the bar that relevant medical papers along with police challan were placed in the record before the learned Tribunal and the learned Tribunal instead of considering them made cut short to dismiss the application.
Looking to the tenor of the impugned order, it is apparent that the same is not passed on valid consideration, therefore, it cannot be said to be sustained, it is, therefore, set aside. The Tribunal is directed to consider the application u/s 140 of the Act afresh according to law along with the document as placed on record and reach prima facie finding in the matter.
With these observations, this case finally stands disposed. Let copy of this order be forthwith forwarded to learned Tribunal.
Certified copy be given as per rules.