1.0 These appeals are directed against the judgement and award passed by Motor Accident Claims Tribunal ( Main), Surendranagar below Exh. 5 in Motor Accident Claim Petitions No. 91 of 2004, 102 of 2004, 103 of 2004 104 of 2004 and 105 of 2004 on 07.01.2005 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 petitions are 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 Petitions No.
91 of 2004, 102 of 2004, 103 of 2004 104 of 2004 and 105 of 2004 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.
4.0 Vide order dated 20.06.2006 passed in Civil Application No.6887 to 6891 of 2006, this Court had directed to invest the amount in question in FDR with a nationalized bank initially for a period of three years and to renew the same from time to time till disposal of the appeal. The said amount shall now be ordered to be renewed till the disposal of the main claim petitions.
5.0 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 In case, the claimants fail in the main claim petitions, the said amount shall be withdrawn by the Insurance Company.
6.0 With this direction, the appeals stand disposed of. No Costs.
(K.S.JHAVERI, J.) niru*