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FA/4891/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4891 of 2010
With
CIVIL
APPLICATION No. 707 of 2011
In
FIRST APPEAL No. 4891 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
NATIONAL
INSURANCE COMPANY LIMITED - Appellant
Versus
VILAJI
TEJAJI PRAJAPATI & 4 - Defendants
======================================
Appearance :
MR
MAULIK J SHELAT for the Appellant.
None for the
Defendants.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/01/2011
ORAL
JUDGMENT
1. The
present First Appeal arises out of the impugned judgement and order
passed by learned Motor Accident Claims Tribunal (A), City Civil
Court No.7, Ahmedabad City in Order below Exh-3 in Motor Accident
Claim Petition No.647/2009 awarding Rs.50,000/- to the original
claimant by way of interim compensation under Section 140 of the
Motor Vehicles Act for No Fault Liability.
2. Having
heard Mr.Shelat, learned advocate appearing on behalf of the
appellant – original Opponent No.5 and as the impugned order is
passed under Section 140 of the Motor Vehicles Act, the same is not
entertained. However, it is observed that the same shall be without
prejudice to the rights and contentions of the respective parties in
the main claim petition and all the defences and contentions, which
are available to the respective parties are kept open and the same
shall be considered by the Tribunal while deciding the main claim
petition. However, so far as the amount deposited by the appellant as
per the order passed by the Tribunal is concerned, it appears that
while passing operative portion of the order, the Tribunal has
mentioned that necessary order with respect to disbursement of the
amounts of compensation shall be passed after depositing the same
with the Tribunal.
Under
the circumstances, it is directed that the amount so deposited and/or
to be deposited by the appellant shall be invested in the Fixed
Deposit in the name of Nazir, initially for a period of three years
and the same shall be continued to be renewed till main claim
petition is decided and disposed of. The original claimant is
entitled to get periodical interest thereon. With this, the present
appeal is disposed of.
3. In
view of disposal of the main First Appeal, no order in Civil
Application and the Civil Application is also accordingly dismissed.
[M.R.SHAH,J]
*dipti
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