This appeal is directed against the judgement and award dated 2nd June 2006 passed by Motor Accident Claims Tribunal, Junagadh in Motor Accident Claim Petitions No.302 of 2005.
2 Admittedly the present appeal arises 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 interests of either of the 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 interests of justice would be met by directing the Tribunal to expedite the hearing of main claim petition pending before it.
3 The main claim petitions being Motor Accident Claim Petitions No.302 of 2005, pending before the concerned Tribunal 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, if the same has not been disposed of so fact.
4 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 In case, the claimants fail in the main claim petitions, the said amount shall be withdrawn by the Insurance Company.
With this direction, the appeals stand disposed of. No Costs.
(K.S.Jhaveri, J.) *mohd Top