FA/2491/2008 4/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2491 of 2008 ========================================================= NATIONAL INSURANCE CO. LTD. - Appellant(s) Versus KALIBEN RAJUBHAI VAGHRI & 1 - Defendant(s) ========================================================= Appearance : MS LILU K BHAYA for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 25/08/2008 ORAL ORDER
Heard
learned advocate Ms. LK Bhaya on behalf of appellant ý the
National Insurance Co. Ltd.
In
the present appeal, appellant has challenged interim order passed by
Motor Accident claims Tribunal, Kheda at Nadiad in MACP no.
1297/2006 vide exh 6 dated 27/4/2007. The claims Tribunal has
passed an award u/s 140 of the Motor Vehicle Act and awarded Rs.
25,000/- with 7.5% interest.
Learned
advocate Ms. Bhaya raised contention before this Court that
Insurance company has raised objection before claims Tribunal but
that objection is not decided by Tribunal and came to the conclusion
that such objection can be considered at final stage as law laid
down by the Honourable High Court in one decision reported in 1994
(2) GLH 58.
She
submitted that recently the apex Court in case of Smt. Yallawwa
reported in 2007 (5) ST 144 has held that even at the
stage of 140 application, if any contention raised by Insurance
company covered by Section 149 subsection 2 of Motor Vehicle Act,
then Tribunal must have to be examined it and to pass appropriate
order u/s 140 of the Motor Vehicle Act.
I
have considered this submissions made by learned advocate Ms. Bhaya.
It is necessary to note that claimant has filed main application
u/s 166 of the Motor Vehicle Act, which is pending before claims
Tribunal. Therefore, if this Court will admit appeal at this legal
ground then such appeal must have to be remained pending before this
Court so long main application is not decided by Claims Tribunal.
Therefore,
according to my opinion, if this appeal is disposed of by this Court
without expressing any opinion on merits with a direction to
insurance company to deposit entire awarded amount together with
cost and interest before claims Tribunal, and out of that, 30%
amount is to be paid to respondent claimant and rest of the amount
is to be invested in any nationalized bank with cumulative interest
that will meet the end of justice between parties.
Learned
advocate Mr. MK Patel appearing for respondent claimants also
submitted that respondent claimant will not withdraw main claim
petition from Tribunal or they may not abandoned proceeding, which
is pending before claims Tribunal.
Therefore,
in light of this back ground, present appeal is disposed of by this
Court without expressing any opinion on merits and claims Tribunal
shall have to examine all the contentions, which will be raise by
Insurance company while deciding main application and claims
Tribunal will not influence by this interim award, but Tribunal
shall have to be examined matter independently.
It
is directed to appellant Insurance company to deposit entire amount
as awarded by Tribunal together with cost and interest. After
realizing the amount from Insurance company, it is directed to
claims Tribunal to pay 30% amount in the name of Kaliben Rajubhai
Vaghri by A/c payee cheque and rest of the amount is to be invested
in any Nationalized Bank for a period of three years with cumulative
interest with periodical renewal till main application is decided by
claims Tribunal. The respondent claimants are not entitled any
amount of interest from said FDR. The FDR is in the name of
respondent claimants to be remained with Nazir department of
Tribunal. The respondent claimants will not withdraw main
application or they may not abandon proceeding pending before claims
Tribunal.
In
view of the above observations and directions, present appeal is
disposed of.
(H.K.RATHOD,
J)
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