FA/3163/2000 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3163 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE HONOURABLE MR.JUSTICE SHARAD D.DAVE ========================================================= 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 ? ========================================================= NEW INDIA INSURANCE CO. LTD. - Appellant Versus VANITA KHIMJI PINDHORIYA WD/ODECD. KHIMJI PARBAT PINDORIYA & 8 - Respondents ========================================================= Appearance : MR SANDIP C SHAH for Appellant. MR MEHUL S SHAH for Respondents : 1 - 4. NOTICE SERVED for Respondents : 5,7 - 8. NOTICE UNSERVED for Respondent : 6, UNSERVED-EXPIRED (N) for Respondent : 9, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HONOURABLE MR.JUSTICE SHARAD D.DAVE Date : 02/04/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE A.L.DAVE) FA/3163/2000 2/4 JUDGMENT 1. The appellant challenges the Award passed by the Motor Accident Claims Tribunal (Main), Kutch at Bhuj, while deciding application Exh.6 claiming compensation under Section 163-A of the Motor Vehicles Act, in Motor Accident Claims Petition No.764/1998, on 30th June, 2000. The claimants claimed a compensation of Rs.20 Lacs in respect of accidental death of Khimji Parbat Pindoriya under Section 166 of the Motor Vehicles Act, and claimed a compensation of Rs.15,29,500/- as compensation under Section 163-A of M.V.Act. 1.1 The claimants' claim-petition under Section 166 of the Motor Vehicles Act is still pending before the Tribunal. 2. The learned advocates for the appellant and the respondents (original claimants) have arrived at a consensus, and a statement is made by learned advocate Mr.Mehul Shah for the respondents (original claimants) that the claimants agree to quashing and setting aside of the Award impugned in this appeal, subject to the right of the claimants to pursue the claim-petition under section 166 of M.V.Act, and FA/3163/2000 3/4 JUDGMENT without prejudice to their contentions in that matter which is pending before the Tribunal. 3. It appears that pursuant to the impugned Award passed by the Tribunal, the appellant had deposited an amount of Rs.2,17,030/-. The said amount has been disbursed to the claimants. An amount of Rs. 69,430/- has been paid to the claimants by crossed A/c.Payee cheques, and an amount of Rs.1,47,600/- has been placed in fixed deposits and the claimants draw interest that accrue thereon. 4. In light of the above development, the appeal stands allowed. The Award impugned in this appeal is hereby quashed and set aside, subject to the right of the original claimants to pursue the petition under Section 166 of the M.V.Act pending before the Tribunal, and without prejudice to the rights and contentions of the parties. Needless to say that the Tribunal shall decide the same strictly on merits without being influenced by this order. 4.1 It is also clarified that the amount placed in the fixed deposit i.e. Rs.1,47,600/- shall remain FA/3163/2000 4/4 JUDGMENT in fixed deposit till the final disposal of the petition under Section 166 of the M.V.Act and the claimants would not be entitled to draw interest that may accrue thereon, with effect from today. The interest accrued till today shall be paid to the claimants. 4.2 The amount of Rs.69,430/-, paid to the claimants by crossed A/c.Payee cheques, shall remain with the claimants and the Tribunal will keep this amount in consideration while passing the award in the pending petition filed under section 166 of the M.V.Act. Appropriate orders would be made in respect of the amount placed with the Bank in fixed deposit/s and the interest amount that may have accrued thereon. The fixed deposit shall be renewed from time to time till final disposal of the claim petition under Section 166 of the M.V.Act. Award accordingly. 5. It would be open to the claimants to request the Tribunal for an expeditious disposal of the claim petition under Section 166 of the M.V.Act. [A.L.DAVE,J.] [SHARAD D.DAVE,J.] (patel)