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FA/4865/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4865 of 2010
With
CIVIL
APPLICATION No. 16428 of 2010
In
FIRST APPEAL No. 4865 of 2010
With
FIRST
APPEAL No. 4866 of 2010
With
CIVIL
APPLICATION No. 16429 of 2010
In
FIRST APPEAL No. 4866 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 ?
=========================================
RELIANCE
GENERAL INSURANCE CO LTD - Appellant
Versus
BIJALBHAI
PETHABHAI JETHA & 8 - Defendants
=========================================
Appearance :
MR
VIBHUTI NANAVATI for the Appellant.
NOTICE NOT RECD BACK for the
Defendants.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/01/2011
ORAL
JUDGMENT
1. The
present First Appeals arise out of the impugned order dated
30/09/2010 passed by learned Motor Accident Claims Tribunal, Morbi,
District: Rajkot in Order below Exh-7 in Motor Accident Claim
Petition No.35/2010 awarding a sum of Rs.50,000/- with interest at
the rate of 7.5% per annum from the date of application till
realization to the original claimants by way of interim compensation
under Section 140 of the Motor Vehicles Act for “No Fault
Liability”.
2. Having
heard Mr.Vibhuti Nanavati, learned advocate appearing on behalf of
the appellant – original Opponent No.4, as the impugned orders are
passed under Section 140 of the Motor Vehicles Act, the same are 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 petitions 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
petitions. However, as 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 orders 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 claimants are
entitled to get periodical interest thereon. With this, the present
First Appeals are disposed of.
3. In
view of disposal of the main First Appeals, no order in Civil
Applications and Civil Applications are also accordingly disposed of.
Rule is discharged in each of the Civil Applications. No costs.
[M.R.SHAH,J]
*dipti
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