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Judgment
K.S. Jhaveri, J.—This appeal is directed against the judgment and award dated 15.07.2009 passed by the Motor Accident Claims Tribunal, Dhrangadhra in M.A.C.P. No. 118/2009 u/s 140 of the Motor Vehicles Act wherein the original claimants were granted as compensation, an amount of Rs. 50,000/- with interest @ 9% per annum from the date of application till realization.
The application u/s 140 of the Motor Vehicles Act was filed before the above cited Tribunal claiming interim compensation for the death of the deceased # Rahul Hemubhai Kalotara, because of the injuries sustained by him in a vehicular accident.
Heard learned Counsel for the parties and perused the documents on record. The present appeal arises out the order passed u/s 140 of the M.V. Act. Looking to facts of the case, I am of the opinion that any observations that may be made by this Court on the merits of the case may prejudicially affect the interest of either of the parties before the Tribunal since the main claim petition is still pending. In the fitness of things and keeping in mind the interest of the original claimant/s, it would be appropriate that the main claim petition pending before the Tribunal concerned is disposed of expeditiously.
In view of the above, this appeal is not entertained. The Tribunal before which the claim petition being M.A.C.P. No. 118/2009 is pending is directed to disposed of the same expeditiously preferably within a period of ONE YEAR from the date of receipt of writ of this order, if the same has not been disposed of so far. With the above direction, the appeal stands disposed of. No costs. Notice discharged.
Since the main matter is disposed of, the respective Civil Application will not survive and stands disposed of accordingly. Interim relief, if any stands vacated in the Application. Notice discharged.