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Judgment
K.S Jhaveri, J.—This appeal has been filed against the judgment and award passed bythe Motor Accident Claims Tribunal (Aux.), Gondal in application Exhibit - 5 filed u/s 140 of the Motor Vehicles Act in M.A.C.P. No. 66/2001 dated 29.11.2001, whereby, the said application came to be rejected.
The facts in brief are that the Appellant herein sustained bodily injuries in a vehicular accident which took place on 07.12.2000. Therefore, he filed M.A.C.P. No. 66/2001 before the Tribunal for compensation. Along with the said claim petition, the Appellant had also filed an application Exh.5 u/s 140 of the said Act for claiming interim compensation of Rs. 25,000/-. However, the said application came to be rejected by way of the impugned award. Hence, this appeal.
Heard learned Counsel for the respective parties and perused the documents on record. The present appeal arises out of an order passed u/s 140 of the M.V. Act. Looking to the 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 party 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 claimants, 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 whom the claim petition being M.A.C.P. No. 66/2001 is pending is directed to dispose 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.