1.0 This appeal is directed against the judgement and award dated 04.06.2008 passed by Motor Accident Claims Tribunal (Aux.), Fast Track Court No.3, Rajkot in Motor Accident Claim Petition No. 677 of 2007 awarding a sum of Rs.50,000/ to the claimant with interest at the rate of 9% from the date of claim petition till the date of payment.
2.0 Admittedly the present appeal arises out of an order passed under Section 140 of the Motor Vehicles Act. Prima facie, the contention raised by the learned advocate for the appellant is that from the RC Book, it is evident that w.e.f. 14.05.2007, the present respondent No.2 Mansukhbhai Bhojabhai Chelvada is the owners of the vehicles involved in the accident. It is transferred in the name of respondent No.2 w.e.f 14.05.2007, whereas the accident has occurred on 28.05.2007. Therefore, the appellants were not the owner of the vehicles in question at the relevant time. In that view of the matter, the contention raised by the learned advocate for the appellants is required to be considered seriously.
3.0 Looking to the facts of the case, I am of the opinion that there is substance in the contention of the appellant. However, 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.
4.0 Accordingly, the main claim petition being Motor Accident Claim Petition No. 677 of 2007 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.
5.0 The awarded amount is ordered to be invested in F.D.R which shall be renewed from time to time till disposal of the main claim petition. The interest accruing on the said Fixed Deposit shall be accumulated and the interest shall not be paid to the claimants. In the case the case the Tribunal comes to the conclusion that the appellants were not owners of the vehicle at the relevant time of accident, the amount of Rs. 50000/ which has been deposited by the appellants shall be reimbursed from the respondent No.2. Mansukhbhai Bhojabhai Chelvada.
6.0 The appeal stands disposed of accordingly.
(K.S.JHAVERI, J.) niru*