FA/5440/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 5440 of 2007 With CIVIL APPLICATION No. 15573 of 2007 In FIRST APPEAL No. 5440 of 2007 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 ? ====================================== NATIONAL INSURANCE CO LTD Versus SHANTABEN DESAIBEN GOHEL AND OTHERS ====================================== Appearance : MR MEHUL SHARAD SHAH for Appellant. MR AMIT C NANAVATI for Respondent No.1. MR PS CHAMPANERI for Respondent Nos.2 - 3. UNSERVED-EXPIRED (R) for Respondent No.4. ====================================== CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 30/04/2008 ORAL JUDGMENT 1. Present appeal under Section 173 of the Motor Vehicles Act, FA/5440/2007 2/2 JUDGMENT 1988 (for short “the Act”) is preferred from order dated 18-6-2007 of MACT (Auxiliary) at Nadiad, below application-Exh.7 in MACP No.2317 of 2004. The impugned order was made under Section 140 of the Act, while the main claim case under Section 166 is stated to be pending before the tribunal. 2. In view of the facts and circumstances, learned counsel for the parties concerned agreed and requested that the appeal may be allowed with the direction that main claim application may be heard and disposed on merits as expeditiously as practicable. Accordingly, the appeal is allowed, the impugned order is set aside and the tribunal is directed to hear and dispose main claim application in accordance with law, as far as may be, within a period of one year. The parties have agreed to cooperate in the earliest possible hearing and disposal of the main claim application. The appeal stands allowed accordingly. Civil Application for stay would not survive and stands disposed accordingly, Rule issued therein is discharged with no order as to costs. The amount deposited by the appellant with this Court shall be refunded to it by a cheque in its name through its advocate. It is needless to clarify that the tribunal shall hear and dispose the main claim application in accordance with law without being influenced by the fact that the present appeal was allowed by consent, and order of payment of interest at appropriate rate in view of delay, if any, caused by pendency of the present appeal. (D.H.Waghela, J.) /malek