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FA/1650/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1650 of 2011
To
FIRST
APPEAL No. 1661 of 2011
With
CIVIL
APPLICATION No. 6551 of 2011
In
FIRST APPEAL No. 1650 of 2011
To
CIVIL
APPLICATION No. 6562 of 2011
In
FIRST APPEAL No. 1661 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
No
2.
To
be referred to the Reporter or not ?
No
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
No
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
No
5.
Whether
it is to be circulated to the civil judge ?
No
=========================================
ORIENTAL
INSURANCE COMPANY LIMITED - Appellant(s)
Versus
DAXABEN
INDUGIRI GOSAI & 3 - Defendant(s)
=========================================
Appearance
:
MR SHALIN N
MEHTA for
Appellant(s) : 1,
None for Defendant(s) : 1, 1.2.1, 1.2.2, 1.2.3,
1.2.4,1.2.5 - 4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/06/2011
COMMON
ORAL JUDGMENT
1. Present
First Appeals arise out of the impugned orders dated 01/02/2011
passed by learned Motor Accident Claims Tribunal (Auxi.), Amreli in
Exh.5 application in respective Motor Accident Claim Petition Nos.403
to 405 of 2005, 408 to 412 of 2005, 416 of 2005, 419 of 2005, 427 of
2005 and 474 of 2005 awarding a sum of Rs.25,000/- to the original
claimants with running interest at the rate of 9% p.a. from the date
of application till realization by way of interim compensation under
Section 140 of the Motor Vehicles Act for “No Fault Liability”.
2. Having
heard Mr.Shalin Mehta, learned advocate appearing on behalf of the
appellant – original Opponent No.2, as the impugned orders are passed
under Section 140 of the Motor Vehicles Act, by which the Tribunal
has awarded interim compensation under Section 140 of the Motor
Vehicles Act, the present appeals are not entertained. However, it is
observed that deposit of any amount pursuant to the said order, 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. However, as far as the amount to be
deposited by the appellant as per the order passed by the Tribunal is
concerned, it appears that while passing operative portion of the
orders, the Tribunal has directed to invest 70% amount in the Fixed
Deposit and balance amount of 30% is directed to be paid to the
claimants by Account Payee Cheque, the same is modified to the extent
that the Tribunal is directed to invest the entire amount in any
Nationalized Bank initially for a period of five years and the
claimants shall be entitled to periodical interest on the same, which
shall be paid to the claimant by Account Payee Cheque. However, it is
made clear that if the claimants are desirous to get the periodical
interest on the aforesaid fixed deposit receipt, they shall not
withdraw the respective main claim petitions.
3. With
this, present appeal are disposed of. In view of disposal of main
First Appeals, no order in Civil Application and are accordingly
disposed of. Rule is discharged. No costs.
(M.R.
Shah, J.)
*menon
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