1. This Court while admitting this matter on 04.08.2009 passed the following order:
“1. Heard learned advocate Ms. Jani on behalf of appellant.
2. Considering submission. Appeal is admitted.
ORDER IN CIVIL APPLICATION:
1. The claims Tribunal, Palanpur has passed an order u/s 140 of M. V. Act on 20/12/2008 awarding Rs. 25,000/- with 9% interest in favour of claimant and on 31/12/2008 vide exh 19 purshis was submitted by claimant before claims Tribunal with a prayer to permit him to withdraw 166 application.
2. Accordingly, in claim petition exh 1, order was passed by claims Tribunal, Palanpur that vide exh 19, claim petition is withdraw by claimants. Therefore, claim petition is disposed of as withdrawn.
3. It is necessary to note that objection raised by insurance company before claims Tribunal against exh 4, which has not been considered by claims Tribunal and observed that while deciding 140 application, claims Tribunal has to consider involvement of vehicle and ingredients of section 142 is satisfied by claimants or not? Therefore, on basis of aforesaid observation Rs. 25,000/- has been awarded by claims Tribunal, Palanpur in favour of claimant with 9% interest.
4. In light of this back ground, Rule is made returnable on 4/9/2009. Ad interim relief in terms of para 3(a) on condition that appellant applicant shall have to deposit entire awarded amounts together with costs and interest before claims Tribunal, Palanpur. After realizing said amount, it is directed to claims Tribunal, Palanpur to invest entire amount in any Nationalized Bank with cumulative interest in name of Nazir of Claims Tribunal, Palanpur which would require periodical renewal till appeal is finally decided by this Court.”
2. Though served none appears for the claimants. In that view of the matter, the order passed by this Court establishes the fraud played by the claimants. The main claim petition has been withdrawn vide Pursis Ex. 19. In that view of the matter, considering that the averments have not been rebutted by the claimants and the fraud evident, this court thinks it fit to allow the present appeal.
3. Accordingly, appeal is allowed. The impugned award is quashed and set aside qua the appellant-insurance company. The appellant- Insurance company is exonerated from paying compensation to the claimants. The amount deposited by the appellant-Insurance company shall be refunded. The award of the Tribunal is modified accordingly.
(K.S. JHAVERI, J.) Divya//