IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No 49 of 2002
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ORIENTAL INSURANCE CO LTD.
Versus
SAGUBHAI NEMAJI BARANDA
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Appearance:
1. First Appeal No. 49 of 2002
MR RK MISHRA for appellant No. 1
.......... for Respondents No. 1-3
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CORAM : MR.JUSTICE A.M.KAPADIA
Date of Order: 11/01/2002
ORAL ORDER
1.By filing this appeal under section 173 of the
Motor Vehicles Act, 1988, appellant has brought under
challenge the order dated 30.8.2001 recorded below Ex.20
in MACP No. 715 of 1997 by the learned MACT (Aux.),
Sabarkantha District at Himatnagar by which the appellant
is directed to pay Rs.25,000/- jointly and severally with
respondent Nos.2 and 3 by way of compensation under no
fault liability principle envisaged under Section 140 of
the Motor Vehicles Act.
2.I have heard Mr. R.K. Mishra, learned advocate
for the appellant. I have perused the averments made in
the memo of the appeal, the grounds set out therein and
also the impugned order. Obviously, this order is in the
nature of an interim order, which is subject to
adjustment against the final award which may be passed in
the main MACP No. 715 of 1997 which is still pending
before the MACT (Aux.) Sabarkantha District at
Himatnagar. This principle is established by the Supreme
court in the case of The Oriental Insurance Co. Ltd. v.
Hansrajbhai V. Kotadia, 2001 (4) JT 477.
3.In view of the aforesaid state of affairs, I see
no reason to interfere with the impugned order at this
stage by admitting the appeal. However, with a view to
safeguard the interest of the appellant insurance
company, undertaking of the original claimant is required
to be obtained so that the original claimant shall not
abandon the main claim petition with a view to flitter
away the amount of compensation of RS.25,000/- and
interest thereon which is awarded in her favour which is
obviously required to be disbursed in his favour.
4.In this view of the matter, it is directed that
the original claimant shall file a solemn undertaking
before the Tribunal within a period of four weeks of the
service of this order 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petition shall not be abandoned, shall not be withdrawn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 claimant shall obtain a
decision on merit in the said claim petition. The amount
awarded under the impugned order shall be adjusted
against the final award in the main claim petition. On
the aforesaid undertaking being filed by the claimant,
the amount under the impugned order may be withdrawn by
the original claimant on furnishing security to the
satisfaction of the Tribunal.
5.Subject to the aforesaid observations and
directions, the appeal is dismissed at the inception with
no order as to costs.
6.The amount deposited in the appeal, if any, with
the registry is directed to be transmitted to the
Tribunal forthwith. D.S. is permitted.
(A.M. Kapadia, J.)
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