1.0 This appeal is are directed against the judgement and award passed by Motor Accident Claims Tribunal ( Main), Bhavnagar order below Exh. 5 in Motor Accident Claim Petitions No. 430 of of 2004 whereby the same is rejected.
2.0 Admittedly the present appeals arise out of an order passed under Section 140 of the Motor Vehicles Act. Looking to the facts of the case, I am of the opinion that the view taken by the Tribunal is tentative and any observations that may be made by this Court on the merits of the case may prejudicially affect the interest of either parties before the Tribunal since the main claim petition is still pending. Having, considered the overall facts and circumstances of the case I am of the view that interest of justice would be met by directing to expedite the main claim petition pending before the Tribunal.
3.0 The main claim petitions being Motor Accident Claim Petitions No.
430 of 2004 pending before the concerned Tribunal shall be heard and disposed of as expeditiously as possible and preferably within a period of one year from the date of writ of this order, if the same has not been disposed of so fact. It is made clear that Tribunal will not be influenced by the observation made in the judgement in application under Section 140 of the Motor Vehicles Act. The Tribunal will decide the issue of disability and negligence independently. This court has not expressed any opinion on merits.
4.0 With this direction, the appeal stands disposed of. No Costs.
(K.S.JHAVERI, J.) niru*