FA/412/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 412 of 2008 With CIVIL APPLICATION No. 1317 of 2008 In FIRST APPEAL No. 412 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA ====================================== 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 ? ====================================== BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Versus KALUBHAI BHIMABHAI PARMAR AND ANOTHER ====================================== Appearance : (MR PV NANAVATI) for Appellant,MR VIBHUTI NANAVATI for Appellant. MR RAJESH O GIDIYA for Respondent No.1. MR ALPESH G DODIA for Respondent No.2. ====================================== CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 30/04/2008 ORAL JUDGMENT 1. This appeal under Section 173 of the Motor Vehicles Act, FA/412/2008 2/2 JUDGMENT 1988 was preferred from order dated 28-6-2007 of MACT (Main), Bhavnagar below application Exh.5 in MACP No.525 of 2005; whereby, under Section 140 sum of Rs.25,000/- with interest was awarded to the original claimant. 2. In view of the facts and submissions of the appellant, it was agreed at the bar and jointly submitted that since the main claim application under Section 166 was still pending and same evidence was required to be led and relied upon in the main proceeding, the present appeal may be allowed with the direction that the main claim application may be heard and disposed on merits, after affording to the parties an opportunity of being heard, within six months. It was also agreed that the parties would cooperate in the earliest possible hearing and disposal of the claim application on merits, before the tribunal. 3. Accordingly, the appeal is allowed and the impugned order is set aside with no order as to costs, without prejudice to the rights and contentions of the parties in the main claim application. The claim application being MACP No.525 of 2005 is ordered to be heard and disposed in accordance with law, as far as may be, before 31st December 2008. Civil Application for stay would not survive and accordingly stands disposed with no order as to costs. The amount deposited with this Court shall be refunded to the appellant by cheque in its name through its advocate. It is needless to clarify that this order is made without entering into the merits of the appeal and the tribunal will not be influenced by the fact that the appeal was disposed by consent of the claimant. (D.H.Waghela, J.) /malek