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FA/1877/1995 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1877 of 1995
With
CIVIL
APPLICATION No. 2738 of 1995
In
FIRST APPEAL No. 1877 of 1995
=========================================================
GUJARAT
STATE ROAD TRANSPORT CORPORATION - Appellant(s)
Versus
BAXARAM
NAGINARAM DOGRA & 7 - Defendant(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Appellant(s) : 1,
MR PT JASANI for Defendant(s) : 1 - 5.
None
for Defendant(s) : 6,
NOTICE UNSERVED for Defendant(s) : 7 -
8.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/03/2010
ORAL
ORDER
Order
in First Appeal No.1877 of 1995:
Present
appeal is preferred by the appellant-Gujarat State Road Transport
Corporation against the interlocutory order dated 23/3/1994 passed by
the learned Motor Accident Claims Tribunal (Aux.), Naidad whereby the
learned Tribunal has directed the appellant corporation to pay of
Rs.15,000/- with interest at the rate of 15% per annum to the
claimants by way of interim compensation on ‘no fault liability
basis’.
The
appeal came to be admitted by order dated 27/6/1995 and since then
the appeal is pending before this Court.
It
is undisputed position that in a case where the claims are finally
allowed the amount given to a particular claimant under the head of
No Fault Liability is always allowed/directed to be adjusted
toward the amount finally awarded. Further, by now in all
probability the main claim case must have been finally decided and
disposed off and appropriate orders must have been passed. Now,
after lapse of about 15 years, I do not propose to interfere with the
impugned order but, would give liberty to the appellant to raise all
question including the issue about justifiability of the interim
order and about application of the new Act in the appeal which they
might have filed or which they may file and/or to make appropriate
application if, per chance, the regular/final award turns out to be
for compensation of less than Rs.15,000/- or if the claim is not
allowed on merits.
The
First Appeal is dismissed. It is however, made clear the the Court
has not gone into or not made any observations on merits of the
matter. Interim relief, if remained in operation until now, stands
vacated. No order as to costs.
Order
in Civil Application No.2738 of 1995:
In
view of the order passed in First Appeal, no order is required to be
passed in Civil Application. The Civil Application stands disposed
of.
(K.M.THAKER,
J.)
(ila)
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