1. By way of this appeal, the appellant has challenged the judgment and award of M.A.C.T., Porbandar, dated 09.01.2001, rendered below Exhibit-6 in Claim Case No.222 of 1999, whereby the tribunal awarded Rs.25,000/- by way of interim compensation along with 12 per cent interest.
2. Heard learned Counsel for the parties and perused the material on record.
3. It is reported that pending the present appeal, main claim petition being Claim Case No.222 of 1999 is disposed of by the concerned Tribunal by its judgment and award dated 10.04.2008, whereby the tribunal has exonerated the appellant, insurance company, from the liability to pay compensation.
4. Under the circumstances, the appeal is allowed. The judgment and award of the tribunal impugned in this appeal stands QUASHED and set aside QUA the appellant, insurance company. The appellant insurance company be REFUNDED the amount deposited by it before the tribunal by way of account payee cheque, if the same is NOT withdrawn by the claimant. If the amount has already been withdrawn by the claimant, then, it shall be open to the appellant to RECOVER the same from the OWNER of the offending vehicle.
(K.S. JHAVERI,J.) Umesh/