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FA/3016/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3016 of 2007
With
FIRST
APPEAL No. 3017 of 2007
With
FIRST
APPEAL No. 3021 of 2007
=========================================================
GSRTC
- Appellant(s)
Versus
PANDORE
NAYANABEN WD/O GOVINDBHAI NANJIBHAI & 6 - Defendant(s)
=========================================================
Appearance
:
MR
MITUL K SHELAT for
Appellant(s) : 1,
RULE SERVED for Defendant(s) : 1 - 3,5 - 8,
10,
UNSERVED-EXPIRED (R) for Defendant(s) : 4,
MR MEHUL SHARAD
SHAH for Defendant(s) : 9,
MR MAULIK J SHELAT for Defendant(s) :
11,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/09/2008
ORAL
ORDER
Heard
learned advocate Mr. Mitul K. Shelat appearing on behalf of appellant
? GSRTC, learned advocate Mr. Mehul Sharad Shah appearing on behalf
of respondent No.9, learned advocate Mr. Maulik J. Shelat appearing
on behalf of respondent No.11 and learned advocate Mr. Harshad K.
Patel appearing on behalf of respondents ? claimants.
All
these three appeals, this Court has admitted on 15th April
2008 and in the applicant ? appellant has not pressed the stay
application on 15th April 2008.
In
group of these appeals, Corporation has challenged the interim award
passed by Motor Accident Claims Tribunal, Sabarkantha at Himatnagar
dated 13th September 2002. The Claims Tribunal has awarded
interim compensation in favour of respondent claimant under Section
140 of MV Act. These are the interim award, where, Rs.50,000/- has
been awarded by Claims Tribunal which is required to be paid by
appellant – Corporation and two Insurance Companies, therefore, it
should be divided between three in their respective share.
Learned
advocate Mr. Mitul Shelat raised contention that it is really a fraud
committed by claimants claiming the said amount from the Corporation.
Apart from that, now, question is that main application is pending
before the Claims Tribunal which shall have to be decided by the
Claims Tribunal in accordance with law giving reasonable opportunity
of hearing to the concerned parties. Therefore, so long, an
application under Section 166 of the MV Act is not decided, these
appeals shall have to remain pending before this Court. Instead of
that, if, these appeals are disposed of by this Court today without
expressing any opinion on merits and with a direction to Corporation
to deposit the entire awarded amount together with cost and interest
according to respective share before the Claims Tribunal and out of
that amount, only interest is available to the respondents claimants
which will meet the end of justice between the parties.
In
view of above observations made by this Court, the present all the
three appeals are disposed of without expressing any opinion on
merits with a direction to appellant ? Corporation to deposit the
amount together with cost and interest of respective share as per
interim award passed by Claims Tribunal within a period of six weeks
from the date of receiving the copy of the said order.
After
realising the amount from the Corporation, it is directed to Claims
Tribunal concerned to invest the entire amount in any Nationalised
Bank for a period of three years with a periodical renewal in the
name of respondent claimant. Though FDR is in the name of respondent
claimant but to be remained with the Nazir of the Claims Tribunal.
The respondent claimant Pandor Nayanaben Wd/o. Govindbhai Nanjibhai
is entitled the interest upon the said FDR till the application under
Section 166 of the MV Act is decided by the Claims Tribunal
concerned.
It
is further directed to Claims Tribunal concerned to decide all the
group of claim petitions filed by the respective claimants arising
out of same accident as early as possible within a period of six
months from the date of receiving the copy of the said order.
The
respondents claimants shall not withdraw the main application filed
under Section 166 of the MV Act and shall not abandon the main
proceedings and Claims Tribunal shall have to decide main application
independently without influence by interim award passed by Claims
Tribunal in accordance with law.
Accordingly,
these appears are disposed of without expressing any opinion on
merits.
Records
and Proceedings be sent back to the Claims Tribunal concerned, if
any, immediately.
Registry
is directed to transmit Rs.25,000/- which has been deposited by the
appellant before the registry of this Court, if any, immediately to
the concerned Claims Tribunal.
[H.K.
RATHOD, J.]
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