1. The learned counsel for the appellant seeks permission to delete respondent no. 4. Permission is granted. Respondent no. 4 stands deleted from the proceedings. Therefore, the claimants are served and matter is ready and is taken up for final hearing.
2. This appeal is directed against the judgment and award dated 19.09.2006 passed by the Motor Accident Claims Tribunal [Main] at Surat in M.A.C.P. No. 1184 of 2003 awarding a sum of Rs.50,000/- to the claimants.
3. 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.
4. Accordingly, the main claim petition being M.A.C.P. No. 1184 of 2003 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.
5. If ultimately the claimants succeeds 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 In case, the claimants fail in the main claim petition, the said amount shall be withdrawn by the Insurance Company.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. With the aforesaid directions, the appeal stands disposed of.
[K.S.
JHAVERI, J.] /phalguni/ Top