1. This appeal is preferred by the appellant­Insurance Company against the interim award dated 16/06/2016 passed below Exh:5 by the Motor Accident Claims Tribunal (Auxiliary), Patan in MACP Nos.141 of 2010, granting interim compensation of Rs.50,000/­ under Section 140 of the Motor Vehicles Act, 1988 (for short 'the MV Act ').

2. Heard Mr.Maulik Shelat, learned advocate appearing for the appellant­Insurance Company and perused the impugned judgment and award.

3. Mr.Maulik Shelat, learned advocate for the appellant­Insurance Company has, inter alia, contended that though the original claimant was travelling in insured car with "Act only Policy" and therefore, risk of the appellant was not Page 1 of 4 HC-NIC Page 1 of 6 Created On Sat Aug 12 06:17:33 IST 2017 1 of 6 C/FA/14/2017 ORDER covered under such policy. Hence, liability could not have been fastened upon the Insurance Company. In view of the aforesaid factual position, learned advocate for the appellant has put reliance upon the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Balakrishnan and another , reported in (2013) 1 SCC 731, wherein it has been clearly laid down that in case of "Act only Policy", risk of the occupants could not be covered but if in case of vehicle in question is insured with the comprehensive package, then the risk of the occupant of the vehicle would be covered.

4. Taking into consideration the above contention raised by Mr.Maulik Shelat, learned advocate for the appellant­ Insurance Company that the claimant was traveling in insured private vehicle having Act only Policy and in view of the decision of the Hon'ble Apex Court in the case of " Balakrishnan " (supra) no liability can be fastened upon the appellant­Insurance Company. However, this is an interim award passed under Section 140 of the MV Act, consequently, therefore, the rival parties have not got any opportunity of adducing and producing evidence before the learned Tribunal. Therefore, this issue raised by the learned advocate can only be adjudicated at the stage of full fledged trial. This issue cannot be decided at the interim stage and taking into consideration the intention of legislature for interim award, Page 2 of 4 HC-NIC Page 2 of 6 Created On Sat Aug 12 06:17:33 IST 2017 2 of 6 C/FA/14/2017 ORDER the appellant is at liberty to raise such issue while defending the main claim petition and the learned Tribunal shall decide the same in its own merits without being influenced by the decision rendered by the learned Tribunal itself while considering the application under Section 140 of the MV Act and without being treating it as res judicata.

5. Since this appeal is against the interim award and main claim petition is pending before the learned Tribunal, it appears just and proper to dispose of this appeal at the admission stage with a direction to the learned Tribunal to decide the main claim petitions as expeditiously as possible, preferably within a period of six months from the date of receipt of this order.

6. While considering the main claim petition, the learned Tribunal shall afford reasonable opportunity to the rival parties to proceed so far as the controversy raised in this matter is concerned and the learned Tribunal shall decide the said issue without being influenced by any of the observations made by this Court at this stage.

7. With these directions, present appeal is disposed of.

(R.P.DHOLARIA,J.) Page 3 of 4 HC-NIC Page 3 of 6 Created On Sat Aug 12 06:17:33 IST 2017 3 of 6 C/FA/14/2017 ORDER ali Page 4 of 4 HC-NIC Page 4 of 6 Created On Sat Aug 12 06:17:33 IST 2017 4 of 6 C/FA/14/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL NO. 14 of 2017 [On note for speaking to minutes of order dated 30/03/2017 in C/FA/14/2017 ] ========================================================== UNITED INDIA INSURANCE COMPANY LIMITED.....Appellant(s) Versus MEENABEN WD/O MANUBHAI VAGHRI & 8....Defendant(s) ========================================================== Appearance:

Heard. Mr.Maulik Shelat, learned advocate for the appellant.

No order for disbursement of interim compensation is passed by the learned Tribunal. Normally, while passing such order, parties to the proceedings are being heard by the learned Tribunal. In that view of the matter, the present Note for Speaking to Minutes is disposed of with a direction to the appellant­Insurance Page 1 of 2 HC-NIC Page 5 of 6 Created On Sat Aug 12 06:17:33 IST 2017 5 of 6 C/FA/14/2017 ORDER Company to make such submission before the learned Tribunal while depositing the interim compensation, Needless to state that upon depositing as such, the learned Tribunal shall hear the parties to the proceedings and pass necessary orders in accordance with the provisions of law. With these directions the Note for Speaking to Minutes stands disposed of.

(R.P.DHOLARIA,J.) ali Page 2 of 2 HC-NIC Page 6 of 6 Created On Sat Aug 12 06:17:33 IST 2017 6 of 6