FA/2035/2005 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2035 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= BABUBHAI BADAJI SADAT - Appellant(s) Versus LALJIBHAI M KATARA & 1 - Defendant(s) ========================================================= Appearance : MR AMIT P PATEL for Appellant(s) : 1, RULE SERVED for Defendant(s) : 1, MR RITURAJ M MEENA for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 25/08/2006 ORAL JUDGMENT 1. This appeal is directed against the order passed under Exh. 5 in M.A.C.P. No.659/2003 dated 28th February 2005, by Motor Accident Claims Tribunal, Himmatnagar, whereby the application under section 140 of the Motor Vehicles Act praying for interim compensation has been rejected. 2. The application under section 140 of the Act is an interim application and the award which may be passed thereon would be subject to adjustment FA/2035/2005 2/2 JUDGMENT against the final award which may be passed in the main claim petition. In that view of the matter I see no reason to interfere in the appeal at this stage and interests of justice would be met by passing the order for expediting the main claim petition. Learned Advocate for the appellant is not able to contest this position. 3. Accordingly the Tribunal is directed to dispose of the main claim petition within a period of two years from the date of receipt of the writ of this Court. 4. Subject to the observations and directions hereinabove, the above appeal is disposed of with no order as to costs. 5. The R & P to be re-transmitted to the Tribunal forthwith, i.e. latest by 15th September 2006. [K.S. JHAVERI, J.] Suresh*