Both these appeals have been filed challenging the order dated passed under Section 140 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal (Main), Jamnagar below application Exhibit-9 filed in M.A.C.P. No.385 and 386 of 2009, whereby, the said application was allowed and an amount of Rs.25,000/- was awarded as compensation to the original claimants along with interest @ 7% per annum from the date of application till its realization.
The facts in brief are that on 16th June 2009, the respondent No.2 of First Appeal No.2894 of 2009 and his wife-respondent no.3 of First Appeal No.2895 of 2009 sustained injuries in a vehicular accident involving respondent no.1 herein. Therefore, they filed M.A.C.P. Nos.385 and 386 of 2009 before the Tribunal claiming compensation of Rs.4,50,000/-. Along with the claim petition, the respondent No.2 and his wife had also filed an application Exhibit-9 under Section 140 of the Act claiming interim compensation of Rs.25,000/- each. The said application came to be allowed by the aforesaid impugned order. Hence, present appeal.
Heard learned counsel for the respective parties and perused the documents on record. Both these appeals have been filed against an order passed under Section 140 of the Act. Considering the facts and circumstances of the case and keeping in mind the interest of the original claimants, the following directions are issued :
The entire amount deposited by the appellant-Insurance Company shall be invested in an F.D.R. with a nationalized Bank, initially, for a period of one year and the same shall be renewed from time to time until the final disposal of the main claim petitions pending before the Tribunal concerned.
The quarterly interest accruing on such deposit shall be paid to the original claimants on regular basis.
If, ultimately, the claim petitions are allowed and the appellant-Insurance Company is held liable, then necessary compensation shall be paid out of the aforesaid amount; lest the amount of deposit with interest shall be returned to the appellant-Insurance Company. Further, if the claim petitions are withdrawn, then also the amount of deposit with interest be returned to the appellant-Insurance Company.
The Tribunal concerned is directed to dispose of the claim petitions within a period of three years from today.
It is made clear that this Court has not entered into the merits of the case and, therefore, the Tribunal concerned shall decide the main claim petitions on merits and being uninfluenced by present order.
With the above observations and directions, both these appeals are partly allowed and disposed of accordingly. No costs.
(K.S.
Jhaveri, J.) Umesh/ Top