Gujarat High Court Case Information System
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FA/1193/2003 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1193 of 2003
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
-Yes.
2
To be
referred to the Reporter or not ? -No.
3
Whether
their Lordships wish to see the fair copy of the judgment ?
-No.
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 ? -No.
5
Whether
it is to be circulated to the civil judge ? -No.
=========================================================
UNITED
INDIA INSURANCE CO LTD. - Appellant(s)
Versus
HEIR
OF ILYAS AHMED MAHEMUDBHAI & 2 - Defendant(s)
=========================================================
Appearance
:
(MR
PV NANAVATI) for
Appellant(s) : 1,MR VIBHUTI NANAVATI for Appellant(s) : 1,
None
for Defendant(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 02/12/2010
ORAL
JUDGMENT
Heard the learned advocate for the appellant. Though served none appears for the respondent Nos.1 to 3.
2) This is an appeal by the Insurance Company challenging the award under Section-140 of the Motor Vehicles Act, 1988. Obviously, this award is in the nature of an interim award which is subject to adjustment against the award which may be passed in the main claim petition. Therefore, considering the overall facts and circumstances of the case, I am of the view that interests of justice would be met by passing the following order:-
2.1) The entire awarded amount shall be invested in the name of the Nazir of the Tribunal with a Nationalised Bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the main claim petition. The Fixed Deposit Receipt shall be kept with the Nazir of the Tribunal. The periodical interest that may be accrued on the said deposit shall be paid to the original claimants.
2.2) If, ultimately, the claimants succeed in the main claim petition, the said amount shall be paid to the claimants. In case, the claimants fail in the main claim petition, the said amount shall be withdrawn by the Insurance Company. It is directed that the original claimants shall file an undertaking before the Tribunal to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimants shall pursue the main claim petition on merits.
3) The appeal stands allowed to the aforesaid extent. No order as to costs.
(K S JHAVERI, J.)
(ila)
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