Royal Sundaram Alliance Insurance Company Limited vs Hansaben Ashokbhai Dabhi and Others

M.R. Shah, J.—The present First Appeals arise out of the impugned order dated 01/06/2010 passed by learned Motor Accident Claims Tribunal (Main), Bhavnagar in order below Exh 5 in Motor Accident Claim Petition Nos. 39/2009, 44/2009, 42/2009 and 48/2009 awarding a sum of Rs. 25,000/- to the original claimants with running interest at the rate of 7.5% p.a. from the date of application till realization by way of interim compensation u/s 140 of the Motor Vehicles Act for "No Fault Liability".

Though served nobody appears on behalf of the original claimants.

Having heard Shri Sandip Shah, learned advocate appearing on behalf of the Appellant - original Opponent No. 6 - Royal Sundaram Alliance Insurance Company Ltd., as the impugned order is passed u/s 140 of the Motor Vehicles Act, by which the learned Tribunal has awarded interim compensation u/s 140 of the Motor Vehicles Act, the present First Appeals are not entertained. However, it is observed that deposit of any amount pursuant to the said order, the same shall be without prejudice to the rights and contentions of the respective parties in the main Claim Petitions and all the defences and contentions, which are available to the respective parties, are kept open and the same shall be considered by the learned Tribunal while deciding the main Claim Petitions. However, as far as the amount to be deposited by the Appellant as per the order passed by the learned Tribunal is concerned, it appears that while passing operative portion of the order, the learned Tribunal has directed to invest 70% amount in the Fixed Deposit and balance amount of 30% is directed to be paid to the original claimants by an Account Payee Cheque, the same is modified to the extent that the learned Tribunal is directed to invest the entire amount in any Nationalized Bank initially for a period of five years and the original claimants shall be entitled to the periodical interest on the same, which shall be paid to the original claimants by Account Payee Cheque.

With this, the present First Appeals are disposed of.

Civil Application Nos. 14814 to 14817 of 2010

In view of disposal of main First Appeals, no order in the Civil Applications. Rule is discharged. No costs.