GUJARAT STATE ROAD TRANSPORT CORPORATION v. DILIPSINH RANCHHODSINGH MAKWANA & 1
Case at a glance
Outcome
Disposed of
hereinabove, the above appeal stands disposed of with
Provisions considered
- Motor Vehicles Act, 1988 s. 173
Key paragraphs
- Para 66. Subject to the observations and directions hereinabove, the above appeal stands disposed of with no order as to costs.
Judgment
HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s) Versus DILIPSINH RANCHHODSINGH MAKWANA & 1 - Defendant(s) ========================================================= Appearance : MR HS MUNSHAW for Appellant(s) : 1, MR R.K.MANSURI for Defendant(s) : 1, None for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 02/09/2006 ORAL JUDGMENT
Heard the learned counsel for the appellant. These are appeals under section 173 of the Motor Vehicles Act, 1988, at the instance of the Gujarat State Road Transport Corporation.
The appellant challenges herein the order passed by the Tribunal under section 140 of the said Act. Obviously, these awards are in the nature of an interim award which are subject to adjustment against the final award which may be FA/523/2006 JUDGMENT passed in the main claim petition viz. M.A.C.P. No.20/99, pending before the Motor Accident Claims Tribunal, (Aux), Sabarkantha at Himmatnagar.
In the premises aforesaid, I see no reason to interfere at this stage of the matter and interests of justice would be met by passing the following order:
The amount deposited by the applicant in each caseshall be deposited in a fixed deposit by the Tribunal initially for a period of one year till the disposal of the petition. The periodical interest accruing on the said amount shall be paid to the original claimant. The original claimant shall, however, file an undertaking before the Tribunal within four weeks of the service of this order on the claimant to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimant shall obtain a decision on merits in the said claim petitions. The amount awarded under the impugned order shall be adjusted against the final award in the main claim FA/523/2006 JUDGMENT petition.
The Tribunal is directed to dispose of the main claim petitions within a period of three years from the date of receipt of the writ of this Court.
Operative part
Subject to the observations and directions hereinabove, the above appeal stands disposed of with no order as to costs.
The amount deposited in the appeals, if any, with the Registry is directed to be transmitted to the Tribunal forthwith i.e. not later than 15th October 2006.
The R & P if any to be re-transmitted to the Tribunal forthwith, i.e. latest by 15th October
2006. (K.S.Jhaveri,J) mary//
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: hereinabove, the above appeal stands disposed of with
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173.
Which court decided this case, and when?
Gujarat High Court, on 15 Oct 2006. The bench was K S JHAVERI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.