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FA/3614/2000 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3614 of 2000
=========================================================
NATIONAL
INSURANCE CO. LTD. - Appellant(s)
Versus
MUNJAVAR
MISHARI ALI & 3 - Defendant(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Appellant(s) : 1,
MR SK PATEL for Defendant(s) : 1 - 2.
MR KR
RAVAL for Defendant(s) : 1 - 2.
RULE NOT RECD BACK for
Defendant(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/08/2008
ORAL
ORDER
Heard
learned advocate Ms. LK Bhaya on behalf of appellant, learned
advocate Mr. SK Patel appearing for the respondent claimant. Rule
not received back for respondent no. 3 and 4, Owner and driver.
This
appeal is admitted by this Court and ad interim relief is also
granted. The appellant has challenged award of Rs. 3,84,500/-. In
the present appeal, Insurance Company has challenged award passed by
claims Tribunal u/s 163(A) of amended Motor Vehicle Act 1988 below
exh 6 in Motor Accident Claim petition no. 13/2000 dated 16/11/2000.
The
claims Tribunal has awarded Rs. 3,84,500/- with 12% interest while
exercising power u/s 163(A) of amended Motor Vehicle Act 1988 with a
direction to respondent no. 2 and 3 jointly and severely.
Learned
advocate Ms. Bhaya submitted that respondent claimants have filed
separate and independent application claiming compensation u/s 166
of Motor Vehicle Act and this award is considered to be interim
award by respondent claimants.
She
submitted that if, respondent claimants prepared to withdraw main
application filed u/s 166 of the Motor Vehicle Act, then there is no
objection. This appeal may be disposed of accordingly and whatever
amount of compensation as awarded u/s 163(A) of Motor Vehicle Act is
considered to be final award. The Insurance company has no objection
if this interim award is considered or treated as to be final.
In
view of the aforesaid submissions made by learned advocate Ms.
Bhaya, learned advocate Mr. Dhiren Shah for learned advocate Mr. SK
Patel submitted that respondent claimants will withdraw main
application filed u/s 166 of Motor Vehicle Act from the claims
Tribunal, Kachchh at Bhuj.
In
view of the statement made by learned advocate Mr. Shah, it is
directed to claims Tribunal to disposed of MACP no. 13/2000 as
withdrawn by respondent claimants. Accordingly, main application
filed u/s 166 of Motor Vehicle Act is come to an end and not remain
pending before claims Tribunal. Kachchh at Bhuj.
In
view of this directions, present appeal is disposed of with a
liberty to either side in case of difficulty to apply before this
Court.
In
view of this fact, main appeal is disposed of by this Court, no
order is required to passed in civil application. Accordingly,
civil application is disposed of.
(H.K.RATHOD,
J)
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