FA/7099/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 7099 of 1999 With FIRST APPEAL No. 7100 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? 1 to 5 NO ========================================================= NEW INDIA ASSURANCE CO.LTD. - Appellant(s) Versus BABULAL GULABBHAI & 2 - Defendant(s) ========================================================= Appearance : MR SANDIP C SHAH for Appellant(s) : 1, MS SEJAL K MANDAVIA for Defendant(s) : 1, DELETED for Defendant(s) : 2, RULE UNSERVED for Defendant(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 14/02/2008 ORAL JUDGMENT 1. In both the appeals under section 173 of the Motor Vehicles Act, 1988 ("the Act", for short), orders of the Claims Tribunal made under FA/7099/1999 2/3 JUDGMENT section 140 of the Act have been challenged. It is the case of the appellant-insurance company that proper opportunity was not afforded to it to establish its permissible defences. 2. It was conceded and jointly submitted by learned counsel appearing on both sides that, in the peculiar facts and circumstances and prolonged pendency of the so-called main claim petitions, the present appeals may be allowed without entering into merits so as to facilitate hearing and disposal of the main claim petitions on merits in accordance with law. It was also submitted that the parties will co-operate in earliest possible hearing of the main claim petitions and the amounts deposited or disbursed pursuant to the orders made in these appeals should abide by the final orders that may be made by the Claims Tribunal in the main claim petitions. 3. Accordingly, by consent, the appeals are allowed and the impugned orders dated 24.8.1999 and 06.9.1999 of Motor Accident Claims Tribunal, Junagadh in Claim Cases No.123 of 1998 and 124 of 1998 respectively are set aside. In respect of the amounts, if any deposited and/or disbursed pursuant to the impugned orders or pending the present appeals, the Tribunal concerned shall FA/7099/1999 3/3 JUDGMENT pass appropriate orders after hearing the parties and in light of its decision in the main claim applications. The main claim applications may, as far as practicable, be disposed within six months and, in the meantime, no amount shall be recovered from the claimants and no further disbursement shall be made. Order accordingly. Sd/- ( D.H.Waghela, J.) (KMG Thilake)