JUDGMENT : H.R. Shelat, H.H. Mehta, JJ. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the impugned order dated 18-1-1997, passed by the Motor Accident Claims Tribunal (Main) at Surat under Section 163-A of the said Act, in Misc. Application No. 263 of 1996. 2. It is obvious that the present award under Section 163-A is in the nature of interim award since it has been passed below the application Exh.26 filed in the main claim petition No. 355 of 1996 which is yet to be heard and decided. The present award is obviously therefore subject to adjustment as per the final award that will be passed in the main claim petition. Hence, without entering into the merits of the grounds to assail the order pleaded if necessary directions guarding the interest of both are issued nothing further will remain to be done, and the cause to pursue the appeal also will not survive. Hearing the learned advocate for the appellant as none appeared for the other side it is hereby directed as follows: 3. The respondent Nos. 1, 2 and 3 (original-claimants) shall file an undertaking before the Tribunal within four weeks from today stating that they will pursue the main claim petition and obtain a judgment and award on merits and shall neither permit the same to be dismissed for default of appearance nor withdraw the same. 4. The Insurance Company (appellant No.2) is directed to deposit within six weeks from today the amounts awarded with interest and costs with the Tribunal, less already deposited either in this Court or the Tribunal. The claimants-respondents Nos. 1, 2 and 3 or their agents shall not be permitted to withdraw the amounts deposited but the Tribunal will be free to pass appropriate order thereof while passing the award finally in M.A.C.P. No. 355 of 1996. 5. On the amounts being deposited the Tribunal shall invest the amounts as cumulative fixed deposit in any nationalised bank subject to the final order it may pass finally in M.A.C.P. No. 355 of 1996. 6. The M.A.C. Tribunal at Surat shall hear and finally dispose the M.A.C.P. No. 355 of 1996 in accordance with law latest by 30th September, 2000. 7. Rs.25,000 are, as submitted, deposited in this Court.
6. The M.A.C. Tribunal at Surat shall hear and finally dispose the M.A.C.P. No. 355 of 1996 in accordance with law latest by 30th September, 2000. 7. Rs.25,000 are, as submitted, deposited in this Court. The office is directed to transmit the same to the Tribunal at the earliest, with a direction to the Tribunal at Surat not to disburse the same till final decision and to invest as aforesaid. 8. Subject to the aforesaid directions, this appeal is required to be dismissed, as cause thereof does not survive and the same is dismissed accordingly. 9. As the First Appeal is disposed of today, the cause to pursue Civil Application No. 3972 of 1997 does not survive. The Civil Application is, therefore, hereby dismissed. Civil Application dismissed.