NEW INDIA ASSURANCE CO LTD v. RABARI LALABHAI MERAJBHAI & 1
Case at a glance
Outcome
Disposed of
hereinabove, the above appeal stands disposed of with no
Provisions considered
- Motor Vehicles Act, 1988 s. 173
Key paragraphs
- Para 77. 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 ========================================================= NEW INDIA ASSURANCE CO LTD. - Appellant(s) Versus RABARI LALABHAI MERAJBHAI & 1 - Defendant(s) ========================================================= Appearance : MR HASMUKH THAKKER for Appellant(s) : 1, MR JV JAPEE for Defendant(s) : 1, RULE SERVED for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 23/08/2006 ORAL JUDGMENT
Leave to correct the appeal memo.
Heard the learned counsel for the appellant. This is an appeal under section 173 of the Motor Vehicles Act, 1988, at the instance of the insurer of the vehicle which is allegedly involved in the accident in question.
The appellant challenges herein the order passed by the Tribunal under section 140 of the said Act. Obviously, this award is in the nature of an interim award which is subject to adjustment against the final FA/1381/2004 JUDGMENT award which may be passed in the main claim petition viz. M.A.C.P. No. 583 of 2002, pending before the Motor Accident Claims Tribunal, 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 shall be continued in the fixed deposit till the final disposal of the main claim 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service of this order on the claimant to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimant shall obtain a decision on merits in the said claim petition. The amount awarded under the impugned order shall be adjusted against the final award in the main claim petition.
The Tribunal is directed to dispose of the main claim petition within a period of six months from the date of receipt of the writ of this Court. FA/1381/2004 JUDGMENT
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 appeal, if any, with the Registry is directed to be transmitted to the Tribunal forthwith i.e. not later than 15.09.2006.
The R & P if any to be re-transmitted to the Tribunal forthwith, i.e. latest by 15.09.2006. (K.S. JHAVERI, J.) Suresh*
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 no
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173.
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.