1.0 This appeal is are directed against the judgement and award dated 19.03.2005 passed by Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No. 1132 of 2003 awarding a sum of Rs. 25,000/ to the claimants.
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 Petition No.
1123 of 2003 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 will be open to the parties to raise all the contentions before the learned Tribunal in the main claim petition.
4.0 If ultimately the claimants succeed in the main claim petitions, the amount lying in FDR shall be paid to the claimants. In case, the claimants fail in the main claim petitions, the said amount shall be withdrawn by the Insurance Company. If the amount is not transmitted to learned Tribunal, the Registry of this Court will transmit the same.
5.0 With this direction, the appeals stand disposed of. No Costs.
(K.S.JHAVERI, J.) niru*