Admit. Mr. Mehul S. Shah, learned counsel for the respondent, waives service. Upon joint request and in view of the peculiar facts and circumstances, the matter is taken up for final hearing today . 2.This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the interim amount of award granted by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj, exercising powers under Section 163A of the Motor Vehicles Act, 1988 whereby the respondents heirs and legal representatives of the deceased Dhangar Nathugar Gusai came to be awarded an amount of Rs. 3,40,500/- with running interest at the rate of 12% per annum from the date of application till payment by virtue of the order and award below, Exh. 6, dated, 11.4.2000 against the appellant and respondent No. 9 jointly and severally. The impugned order is recorded for temporary compensation in exercise of power under Section 163A of the new Act during the pendency of MACP No. 129 of 1999 by the Motor Accident Claims Tribunal, (Main) Kachchh at Bhuj.
3.Since the impugned order tantamounts to only interim compensation during the pendency of the main claim petition, which is required to be adjudicated upon after a full-fledged enquiry and after recording evidence, the order under challenge is subject to adjustment as per the final judgement and award that may be recorded in the pending main claim petition. We are, therefore, not inclined to interfere with the impugned order. However, it would be expedient to make necessary observation and direction so that the original main claim petition is in any way not intercepted `en route' leaving the impugned order as final. Learned advocate Mr. Mehul S. Shah for the respondent has, rightly, assured that the original claimants shall not withdraw the pending main claim petition. The claimants shall file an undertaking before the Trial Court within four weeks from today stating that they shall pursue the main claim petition to its legal and logical end and they shall obtain a decision and award on merits and they shall not permit the impugned claim petition to be dismissed for default or withdrawn.
4.Pursuant to the interim direction, the appellant original opponent-Insurance Company has deposited a portion of the amount of the interim compensation as per the interim compensation order. The appellant-original opponent No. 5 in the main claim petition is directed to deposit the remaining amount due and payable under the impugned order below Exh. 6 under Section 163A of the Motor Vehicles Act within a period of two months from today before the Tribunal concerned. The amount of Rs. 25,000/- deposited before this Court under Section 173 of the Motor Vehicles Act is ordered to be transmitted to the Tribunal concerned by the Registry.
5.It will be open for the Tribunal to appropriately make apportion of the amount of interim award amongst the claimants in light of the celebrated principles of law. The Tribunal is directed to pay 20% of the total deposit before the Tribunal by way of an account payee cheque to respondent Nos. 1 and 2 original claimants, heirs and legal representatives of the deceased Dhangar Nathugar Gusai. The remaining amount like that 80% of the total amount that shall be deposited or that further be deposited, shall be invested in a nationalised bank/Scheduled bank for a long period, initially, for a period of five years and the amount of interest which shall accrue therefrom, periodically, shall be payable to the respective claimants and in case of minor to the guardian of the minors for their welfare and better upkeepment. In the event of expiry of the tenure of FDRs before the date of disposal of the main petition, the Tribunal shall extend the period of deposit till the main claim petition is heard. After the main petition is heard on merits, the amount of award shall be subject to this order, the amount under the interim order and also it will be subject to the proper directions in light of the celebrated principles of law so as to see that the amount of compensation is not being frittered away and the main object of compensation is preserved and observed. It is also clarified that the amount coming to the share of minors even in the first part of 20% shall also be invested in so far as the minors are concerned and the interest which shall accrue, due therefrom shall be payable to the guardian of the minors till they attain majority.
6.In view of the aforesaid observations and directions, the appeal shall stand disposed of without entering into the merits thereof.
Since the First Appeal is disposed of, no orders are passed on the Civil Application.
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