1. Heard the learned counsel for the respective parties. Appeal is already admitted.
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.
3. Mr. Pandya, learned advocate for the appellant has submitted that the Tribunal erred in exonerating the Insurance Company when the licence was not valid. The Tribunal has given reasons for the same in para 4 while exonerating the Insurance Company under no fault liability. 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 Motor Accident Claim Petition No. 907 of 2000 pending before the concerned Tribunal shall be heard and disposed of as expeditiously as possible and preferably within a period of three years from the date of writ of this order.
4. 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file an undertaking before the Tribunal to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimants shall pursue the main claim petition on merits.
5. It is also clarified that the Tribunal while considering the main claim petition shall not be influenced by the observations in 140 application. However, the final award may be passed after taking into consideration the evidence adduced by both the sides. With the above directions, the appeal stands disposed of. R & P if lying with this Court to be sent back forthwith.
(K.S.JHAVERI, J.) Divya//