FA/4885/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4885 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE AKSHAY H.MEHTA ========================================================= 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 ? ========================================================= ASHOKBHAI KHODABHAI SAVANI - Appellant(s) Versus SARVIYA NIRUBHA MANUBHA & 1 - Defendant(s) ========================================================= Appearance : MR TULSHI R SAVANI for Appellant(s) : 1, RULE SERVED for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKSHAY H.MEHTA Date : 07/02/2007 ORAL JUDGMENT 1. This is an appeal to challenge the order dated 17th April, 2006 passed in MACT [Main] Bhavnagar below application Exh. 5 in MACP No, 927 of 2004, whereby the application filed under Section 140 of the Motor Vehicles FA/4885/2006 2/3 JUDGMENT Act [hereinafter referred to as the “Act”] stands rejected. 2. I have heard Mr. Tulsi Savani learned advocate for the appellant. The respondents though served have not remained present. Mr. Savani has drawn my attention to the certificate of disability issued by Dr. S. J. Sarvaiya, Orthopedic Surgeon, Bhavnagar dated 15th September, wherein it is stated that the appellant has sustained injuries in a vehicular accident which took place on 14th November, 2002. 3. It may be noted here that an application under Section 140 of the Act is made at interim stage and the main petition on merits has still to be decided on the basis of the evidence that may be adduced before the Tribunal. When there is a prima facie case to connect the injuries suffered by the appellant with the vehicular accident as it transpires from the aforesaid medical certificate, the Tribunal ought to have granted this application. Any award made under Section 140 of the Act is interim order for which the claimant is not required to fully establish several essential facts to entitle him to receive compensation. Hence, the impugned order is quashed and set aside. In its place, the following order FA/4885/2006 3/3 JUDGMENT is passed. 3.1. The appellant shall file an undertaking before the Tribunal and not purshis, within four weeks from the service of this order 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 by him and he shall pursue the main petition on merits. Upon his filing an undertaking, 70% amount shall be invested in any Nationalized Bank for a period of five years and 30% amount may be allowed to be withdrawn by the appellant, upon his furnishing security to the satisfaction of the Tribunal. 4. Subject to the observations and directions herein-above, this appeal is allowed. [Akshay H. Mehta, J.] /phalguni/