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FA/225/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 225 of 2011
With
CIVIL
APPLICATION No. 857 of 2011
In
FIRST
APPEAL No. 225 of 2011
=========================================================
BAJAJ
ALLIANZ GENERAL INSURANCE COMPANY LIMITED, BHAVNAGAR - Appellant(s)
Versus
KISHORGIRI
KASHIGIRI GOSWAMI & 2 - Defendant(s)
=========================================================
Appearance :
MR
VIBHUTI NANAVATI for
Appellant(s) : 1,
None for Defendant(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 31/01/2011
ORAL
ORDER
1. Present
First Appeal arise out of the impugned judgment and order dated
30.10.2010 passed by the learned Motor Accidents Claims Tribunal
(Auxi), Fast Track Court, No.1., Bhavnagar passed below Exh. 5 in
MACP No.520 of 2009 awarding Rs.25,000/- to the original claimant by
way of interim compensation under Section 140 of the Motor Vehicles
Act.
2. Having
heard learned advocate Shri Nanavati, learned advocate for the
appellant-original opponent no.3, as the impugned order is passed
under Section 140 of the Motor Vehicles Act, the same is 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 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.
So far as the amount to be deposited by the appellant under the
impugned order passed by the Tribunal is concerned, it is ordered
that the Tribunal shall invest the entire amount of interim
compensation in a fixed deposit in any Nationalized Bank initially
for a period five years in the name of original applicant, however
original applicant shall be entitled to withdraw the periodical
interest on the same. It is further ordered that if the claimant is
interested in getting the interest on the aforesaid fixed deposit,
the applicant shall not withdraw the main claim petition.
3. With
this, present appeal is disposed of. In view of disposal of the First
Appeal, no order in Civil Application and is accordingly disposed
of.
(M.R.SHAH,
J.)
kaushik
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