1. This appeal has been preferred against the award dated 17.9.2007, passed by the Motor Accident Claims Tribunal(Aux.) Fast Track Court No.9, Nadiad, in M.A.C.P. No. 1628 of 2005, whereby the Tribunal has awarded interim compensation in the sum of Rs. 25,000/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 1.8.2005, an accident took place between two vehicles and in the said accident one Rajeshkumar R. Barot sustained grievous injuries. Therefore, he file claim petition before the Tribunal. On the same day he also filed an application under Section 140 of the M.V. Act for interim compensation. The Tribunal vide order dated 17.9.2007 allowed the said application and granted interim compensation of RS.25,000/- to the claimant. Against which Review application was filed by the present appellant. The said Review application was dismissed on 17.5.2008. Hence, this appeal.
3. Learned counsel for the appellant has submitted that the Tribunal has committed an error in awarding interim compensation to the claimant. In support of his contention he relied upon the decisions of the Apex Court, in the case of Dhanraj Vs. New India Assurance Co. Ltd., reported in 2005 ACJ 1, Oriental Insurance Co. Ltd. Vs. Charu Agrawal and Ors., reported in 2008 ACJ 1243 and Smt. Yallwwa Vs. National Insurance Company Limited, reported in (2007) 6 SCC 567 and prayed to allow this appeal.
4. I have heard learned advocate for the appellant and perused the material on record. I also perused the decisions of the Apex Court, relied upon by learned advocate for the appellant and find that the Tribunal has committed an error in awarding interim compensation to the claimant. It appears from the record that the claimant has withdrawn the main claim petition filed under Section 166 of the M.V. Act, after getting interim compensation. Therefore, the contention raised by the learned advocate for he appellant is required to be accepted. The impugned judgment and award of the Tribunal is quashed and set aside. The interim compensation awarded by the Tribunal i.e. Rs.25,000/- will be refund to the appellant-Insurance Company, with interest and cost, if any. The appeal is allowed. No order as to costs.
pawan [K.S.JHAVERI,J.]