1. Though served, none appears on behalf of the respondents.
2. Heard.
This is an appeal by the Insurance Company challenging the award under Section 140 of the Motor Vehicles Act, 1988. Obviously, this award is in the nature of an interim award which is subject to the adjustment against the award which may be passed in the main claim petition. 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. Accordingly, the main claim petition being M.A.C.P. No. 1301 of 2008 pending before the Tribunal concerned shall be heard and disposed of as expeditiously as possible and preferably within a period of two years from the date of writ of this order.
4. The awarded amount is already ordered to invest in F.D.R. as per the order dated 28.12.2011 passed in Civil Application No. 11795 of 2011 which shall be renewed from time to time till disposal of the main claim petition. If ultimately, the claimants succeed in the main claim petition, the amount lying in F.D.R. Shall be paid to the claimants. In case, the claimants fail in the main claim petition, the said amount shall be withdrawn by the Insurance Company.
5. It is directed that the original claimants shall file an undertaking before the Tribunal concerned to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimants shall pursue the main claim petition on merits.
6. With the aforesaid directions, the appeal stands disposed of accordingly.
[K.S.
JHAVERI, J.] /phalguni/ Top