1. 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.
2. Learned advocate for the appellant has submitted that the liability of insurance company shall be to the extent of Rs. 12,500/- which has been deposited by the appellant before the Registry of this Court. He submitted that the issue of fake cover note/policy is not considered by the Tribunal.
3. 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. The Tribunal shall consider the point of fake policy and verify the genuineness of the claim before passing any award.
4. Accordingly, the main claim petition being Motor Accident Claim Petition No. 2302 of 2000 pending before the concerned Tribunal 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.
4.1 The amount deposited by the appellant with the Registry of this court shall be invested in the name of the Nazir of the Tribunal with a Nationalized Bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the main claim petition. The Fixed Deposit Receipt shall be kept with the Nazir of the Tribunal. The periodical interest that may be accrued on the said deposit shall be paid to the original claimants.
5. If ultimately the claimants succeed in the main claim petition, the amount lying in FDR 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 In case, the claimants fail in the main claim petition, the said amount shall be withdrawn by the Insurance Company.
6. It is directed that the original claimants shall file an undertaking before the Tribunal to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimants shall pursue the main claim petition on merits.
7. With the above directions, the appeal stands disposed of.
(K.S.JHAVERI, J.) Divya// Top