1. This appeal has been preferred against the judgment and award dated 29.06.2001 passed by the Motor Accident Claims Tribunal (Aux.), Gandhinagar below Application Exhibit-3 preferred in M.A.C.P. No.141/1999 whereby, the said application was allowed and the appellant, original opponent no.2 and respondent no.4, original opponent no.1, were held jointly and severally liable to pay Rs.50,000/- as interim compensation to respondents no.1 to 3, original claimants, along with interest at the rate of 9% per annum from the date of application till its realization.
2. The impugned award dated 29.06.2001 has been passed on Application Exhibit-3 filed u/s.140 of the M.V. Act. The main claim petition being M.A.C.P. No.141/1999 is reportedly pending. In that view of the matter, it would be appropriate that the interim compensation awarded in application filed u/s.140 of the said Act is kept in Fixed Deposit Receipt until the final outcome in the main claim petition. Heard learned counsel for the respective parties. Though served, none appears on behalf of respondent no.4.
3. In view of the facts and circumstances of the case, it is directed that the entire amount of compensation of Rs.50,000/-, including interest as awarded by the Tribunal, by impugned award dated 29.06.2001, shall be kept in Fixed Deposit in any nationalized Bank, in the name of 'Nazir' of the Tribunal, for long periods and the same shall be renewed, until the main claim petition is disposed of. The main claim petition is of the year 1999 and therefore, the Tribunal concerned is directed to dispose of the main claim petition, as expeditiously as possible, preferably within a period of two years from the date of receipt of writ of this order, if the same has not been disposed of so far. The FDR shall be released / adjusted in terms of the final award that shall be passed in the main claim petition. If, however, the original claimants withdraw the main claim petition, then the entire amount of FDR shall be released in favour of the appellant-Insurance Company but if, ultimately, the Tribunal comes to the conclusion that the appellant- Insurance Company is not liable, then the entire amount of FDR shall be released in favour of the original claimants. The appeal is allowed to the above extent and is, accordingly, disposed of. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*