FA/2737/2004 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2737 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= ORIENTAL INSURANCE CO LTD. - Appellant(s) Versus PATEL KANTILAL GIRDHARDAS & 2 - Defendant(s) ========================================================= Appearance : MS AVANI S MEHTA for Appellant(s) : 1, MR.RAJESH B SONI for Defendant(s) : 1, RULE SERVED for Defendant(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 30/08/2006 ORAL JUDGMENT 1. Heard the learned counsel for the appellant. This is an appeal under section 173 of the Motor Vehicles Act, 1988, at the instance of the insurer of the vehicle which is allegedly involved in the accident in question. 2. The appellant challenges herein the order passed by the Tribunal under section 140 of the said Act. Obviously, this award is in the nature of an interim award which is subject to adjustment against the final award which may be FA/2737/2004 2/3 JUDGMENT passed in the main claim petition viz. M.A.C.P. No.1479 of 2002, pending before the Motor Accident Claims Tribunal (aux.), Mehsana. 3. In the premises aforesaid, I see no reason to interfere at this stage of the matter and interests of justice would be met by passing the following order: 4. The appellant shall deposit the entire awarded amount within two weeks from today. The Tribunal shall invest the said amount with a nationalised bank initially for a period of three years and no maturity shall be renewed by one year at a time without any further orders in this regard. The periodical interest accruing on the said amount shall be paid to the original claimant. The original claimant shall, however, file an undertaking before the Tribunal within four weeks of the service of this order on the claimant to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimant shall obtain a decision on merits in the said claim petition. The amount FA/2737/2004 3/3 JUDGMENT awarded under the impugned order shall be adjusted against the final award in the main claim petition. 5. The Tribunal is directed to dispose of the main claim petition within a period of two year from the date of receipt of the writ of this Court. 6. Subject to the observations and directions hereinabove, the above appeal stands disposed of with no order as to costs. 7. The amount deposited in the appeal, if any, with the Registry is directed to be transmitted to the Tribunal forthwith i.e. not later than 15th September 2006. 8. The R & P if any to be re-transmitted to the Tribunal forthwith, i.e. latest by 15th September 2006. (K.S. JHAVERI, J.) Suresh*