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FA/1248/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1248 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
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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, REGIONAL OFFICE AT - Appellant
Versus
GULABSINH
RATANSINH GOHIL - Defendant
======================================
Appearance :
MR
DAKSHESH MEHTA for the Appellant.
None for the
Defendant.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/05/2011
ORAL
JUDGMENT
1. The
present First Appeal arises out of the impugned order dated
30/12/2010 passed by learned Motor Accident Claims Tribunal (Aux.),
Anand in Application below Exh.6 in Motor Accident Claim Petition
No.1726/2006 awarding a sum of Rs.25,000/- to the original claimant
with interest at the rate of 7.5 % per annum from the date of
application till realization by way of interim compensation under
Section 140 of the Motor Vehicles Act for “No Fault Liability”.
2. Having
heard Mr.Mehta, learned advocate appearing on behalf of the appellant
– original Opponent No.2 – National Insurance Company, as the
impugned order is passed under Section 140 of the Motor Vehicles Act,
by which the Tribunal has awarded interim compensation under Section
140 of the Motor Vehicles Act, the present appeal is not entertained.
However, it is observed that deposit of any amount pursuant to the
said order, 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, as far
as the amount to be 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 directed to invest
70% amount in any Nationalised Bank and balance amount of 30% is
directed to be paid to the claimant by Account Payee Cheque, the same
is modified to the extent that the Tribunal is directed to invest the
entire amount in any Nationalized Bank initially for a period of five
years and the claimant shall be entitled to get periodical interest
on the same, which shall be paid to the claimant by Account Payee
Cheque.
3. With
these, the present First Appeal is disposed of. No costs.
[M.R.SHAH,J]
*dipti
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