1. Heard the learned counsel for the respective parties.
2. 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 award which may be passed in the main claim petition viz. Motor Accident Claim Petition No. 401 of 2000 pending before the Motor Accident Claims Tribunal, Rajkot.
3. Therefore considering the overall facts and circumstances of the case, I am of the view that interest of justice would be met by directing the Tribunal to hear and decide the main claim petition at the earliest.
4. Accordingly, the main claim petition shall be heard and decided within a period of two months from the date of receipt of the writ of this Court. The observations made by the Tribunal in the application under Section 140 are tentative and the Tribunal shall therefore not be influenced by the same while deciding the main claim petition. The appeal stands disposed of accordingly.
(K.S.
JHAVERI, J.) Divya// Top