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. 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 party before the Tribunal since the main claim petition is still pending.
3. Having considered the overall facts and circumstances of the case, I am of the view that interest of justice would be met by directing the Tribunal to expedite the hearing of the main claim petition pending before it.
4. Accordingly, the following order is passed;
[a] The main claim petition being M.A.C.P. No.465/2010 pending before the Motor Accident Claims Tribunal, [Aux.] Evening Court, City Civil Court, AHmedabad 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 balance awarded amount shall be invested in F.D.R., which shall be renewed from time to time, till disposal of the main claim petition. Interest accrued on such deposits shall be paid to the claimants. If, ultimately, the claimants succeed in the main claim petition, the amount lying in F.D.R. shall be paid to them after giving set off. In case, the main claim petition is rejected, the said amount shall be permitted to be withdrawn by the party concerned. The amount already withdrawn by the claimants shall be recovered from the owner of the vehicle.
[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file an Undertaking before the Tribunal concerned to the effect that the main claim petition shall not be abandoned or withdrawn and shall not be permitted to be dismissed for default or for any other cause and that the claimants shall pursue the main claim petition on merits.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.
[K.S.
JHAVERI, J.] /phalguni/ Top