FA/3167/2000 3/ 4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3167 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE H.K.RATHOD ========================================================= 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 CO LTD. - Appellant(s) Versus SOMABHAI VIRABHAI MAKWANA & 1 - Defendant(s) ========================================================= Appearance : MR DAKSHESH MEHTA for Appellant(s) : 1, MR YATIN SONI for Defendant(s) : 1, RULE SERVED for Defendant(s) : 2, MRS KRISHNA G RAWAL for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 09/07/2008 ORAL JUDGMENT
Heard
learned Advocate Mr. Dakshesh Mehta for the appellant and Ms. Mariya
Dalal for the respondent claimant.
In
this appeal, the appellant National Insurance Company has challenged
the order passed below Exh. 7 in MAC Petition No. 625 of 2000 dated
21st July, 2000 at Rajkot wherein the Claims Tribunal
Rajkot has directed the opponents no.1 and 2 to pay Rs.25000.00 with
interest thereon at the rate of 12 per cent per annum from the date
of the application till the date of payment within one month from
the date of the said order and the present appellant was directed to
deposit the said amount before the tribunal.
Application
under section 166 of the MV Act, 1988 has been filed by the claimant
claiming compensation on the basis of the injury received by the
claimant in respect of the accident dated 19th September,
1999 which is pending before the Claims Tribunal at Rajkot. During
the pendency of the said application under sec. 166 of the mV Act,
1988, the claimant filed an application under section 140 of the MV
Act, 1988 claiming Rs.25000.00 on the basis of No Fault Liability.
Before the Claims Tribunal, FIR, panchanama of scene of offence,
insurance particulars, RC Book, Injury certificate, case papers and
disability certificate were produced by the claimant. Thereafter,
the Claims Tribunal has decided the matter and came to the
conclusion that the claimant is entitled for the amount of
Rs.25000.00 on the principle of No Fault Liability and the appellant
is directed to deposit the said amount before the Tribunal. On
realisation of the amount as aforesaid, a sum of Rs.12500.00 was
ordered to be paid in cash by crossed account payee cheque to the
claimant and the remaining amount was ordered to be deposited in
the name of of the claimant in fixed deposit receipt for a period of
three years in any nationalizied bank with a liberty to withdraw
interest monthly or periodically by the claimant with a further
direction that the bank shall not allow any loan or advances against
the aforesaid fixed deposit receipt without previous permission of
the Tribunal. Said order of the Claims Tribunal Rajkot is under
challenge in this appeal.
I
have considered the submissions made by both the learned advocates.
Determination of the issue raised by the appellant insurance company
in this appeal may adversely affect the right of the claimant in
respect of the main application under section 166 of the MV Act,
1988 pending before the Claims Tribunal.
Therefore,
without entering into the merits of the matter, it is directed to
the opponent No.1 herein to hand over the original FDR to the Nazir
of the Claims Tribunal and it is directed to the Claims Tribunal to
keep this original FDR of opponent no.1 herein in the safe custody
till the main application under section 166 of the MV Act, 1988 is
decided by the Claims Tribunal and periodical interest on the said
FDR is available to the opponent no.1 original claimant.
Claims
Tribunal, Rajkot is directed to decide the main application under
section 166 of the MV Act, 1988 filed by the opponent no.1 as
expeditiously as possible.
With
these observations and directions, this first appeal is disposed of
without entering into the merits of the matter.
(H.K.
Rathod,J.)
Vyas