1. This appeal has been preferred against the award passed under Section 140 of the Motor Vehicles Act, 1988.
2. Obviously, this award is in the nature of an interim award, which is subject to adjustment against the final award, which may be passed in the main claim petition. Since the main claim petition has been dismissed for default before the Tribunal, therefore I am of the view that interest of justice would be met by passing following order:-
[a] Since the main claim petition has been dismissed for default before the Tribunal, therefore, the original claimant shall file an application before the Tribunal for restoration of the claim petition within a period of 6 months from today. The Tribunal shall decide the said application within a period of three months thereafter and if ultimately the claimant's claim petition is dismissed then the amount awarded under section 140 of the M.V. Act shall be refunded to the Insurance Company. If the said restoration application is allowed then, the main claim petition being M.A.C.P. No.296 of 2007 shall be heard and disposed of, as expeditiously as possible, and preferably within a period of TWO YEARS from the date of receipt of writ of this order.
[b] The awarded amount as also the balance amount, if any, shall be invested in F.D.R., which shall be renewed from time to time, till final disposal of the main claim petition. If, ultimately, the claimants succeed in the main claim petition, the amount lying in F.D.R. shall be paid to them. In case, the main claim petition is rejected, the said amount shall be permitted to be withdrawn by the party concerned. The interest accruing on such deposit shall be paid to the original claimants on regular basis.
[c] It is directed that the original claimants shall file an Undertaking before the Tribunal concerned to the effect that the main claim petition shall not be abandoned or withdrawn and shall not be permitted to be dismissed for default or for any other cause and that the claimants shall pursue the main claim petition on merits.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. With the aforesaid directions, the appeal stands disposed of. No order as to costs.
[K. S. JHAVERI, J.] Pawan