FA/3167/2000 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3167 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE H.K.RATHOD ========================================================= 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. - Appellant(s) Versus SOMABHAI VIRABHAI MAKWANA & 1 - Defendant(s) ========================================================= Appearance : MR DAKSHESH MEHTA for Appellant(s) : 1, MR YATIN SONI for Defendant(s) : 1, RULE SERVED for Defendant(s) : 2, MRS KRISHNA G RAWAL for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 09/07/2008 ORAL JUDGMENT 1. Heard learned Advocate Mr. Dakshesh Mehta for the appellant and Ms. Mariya Dalal for the respondent claimant. FA/3167/2000 2/4 JUDGMENT 2. In this appeal, the appellant National Insurance Company has challenged the order passed below Exh. 7 in MAC Petition No. 625 of 2000 dated 21st July, 2000 at Rajkot wherein the Claims Tribunal Rajkot has directed the opponents no.1 and 2 to pay Rs.25000.00 with interest thereon at the rate of 12 per cent per annum from the date of the application till the date of payment within one month from the date of the said order and the present appellant was directed to deposit the said amount before the tribunal. 3. Application under section 166 of the MV Act, 1988 has been filed by the claimant claiming compensation on the basis of the injury received by the claimant in respect of the accident dated 19th September, 1999 which is pending before the Claims Tribunal at Rajkot. During the pendency of the said application under sec. 166 of the MV Act, 1988, the claimant filed an application under section 140 of the MV Act, 1988 claiming Rs.25000.00 on the basis of No Fault Liability. Before the Claims Tribunal, FIR, panchanama of scene of offence, insurance particulars, RC Book, Injury certificate, case papers and disability certificate were produced by the claimant. Thereafter, the Claims Tribunal has decided the matter and came to the conclusion that the claimant is entitled for the amount of Rs.25000.00 on the principle of No Fault Liability and appellant is directed to deposit the said amount before the Tribunal. On FA/3167/2000 3/4 JUDGMENT realisation of the amount as aforesaid, a sum of Rs.12500.00 was ordered to be paid in cash by crossed account payee cheque to the claimant and the remaining amount was ordered to be deposited in the name of the claimant in fixed deposit receipt for a period of three years in any nationalizied bank with a liberty to withdraw interest monthly or periodically by the claimant with a further direction that the bank shall not allow any loan or advances against the aforesaid fixed deposit receipt without previous permission of the Tribunal. Said order of the Claims Tribunal Rajkot is under challenge in this appeal. 4. I have considered the submissions made by both the learned advocates. Determination of the issue raised by the appellant insurance company in this appeal may adversely affect the right of the claimant in respect of the main application under section 166 of the MV Act, 1988 pending before the Claims Tribunal. 5. Therefore, without entering into the merits of the matter, it is directed to the opponent No.1 herein to hand over the original FDR to the Nazir of the Claims Tribunal and it is directed to the Claims Tribunal to keep this original FDR of opponent no.1 herein in the safe custody till the main application under section 166 of the MV Act, 1988 is decided by the Claims Tribunal and periodical interest on the said FDR is available to the opponent no.1 original claimant. FA/3167/2000 4/4 JUDGMENT 6. Claims Tribunal, Rajkot is directed to decide the main application under section 166 of the MV Act, 1988 filed by the opponent no.1 as expeditiously as possible. 7. With these observations and directions, this first appeal is disposed of without entering into the merits of the matter. (H.K. Rathod,J.) Vyas