JUDGMENT 1. - This writ petition has been filed by the petitioner-Union of India, who is a non-applicant in the claim case pending before the Motor Accidents Claims Tribunal, Bhilwara questioning the interim award dated 08.07.2008 essentially on the ground that the accident having occurred at the unmanned level crossing for collision of a tractor with a passenger train, the Tribunal concerned functioning under the Motor Vehicles Act, 1988 ('the Act of 1988') has no jurisdiction to deal with the proceeding in question. 2. This writ petition was considered on 15.05.2009 when this Court, while issuing notices to the respondents, directed on the prayer for interim relief that payment of compensation under Section 140 of the Act of 1988 in terms of the impugned award dated 08.07.2008 shall remain subject to the decision of this writ petition. This writ petition has remained pending for all this time and has come up for consideration today after grouping of the matters relating to accident claim. 3. The learned counsel for the parties submit ad idem that the amount of compensation under the impugned interim award dated 08.07.2008 has not been paid nor the claimants took up any proceedings for recovery of the said amount but, on the other hand, the main matter was proceeded in trial and the net obtainable position now is that the evidence is already complete and the matter is fixed for final arguments. 4. Having regard to the circumstances of the case where the main claim application itself is said to be ripe for final decision and, obviously, the issues sought to be raised in this writ petition are to be considered in the main case, it does not appear appropriate to take up adjudication of any issue, particularly that relating to jurisdiction of the Tribunal concerned, in this writ petition; rather it appears just and proper to leave all the issues open for consideration of the Tribunal concerned at the time of final decision of the main claim application. The learned counsel for the claimants also candidly submitted that in the present status of the proceedings where the main matter is itself ripe for final decision, the claimants will not now press for separate execution of the order dated 08.07.2008 but shall make all the submissions before the Tribunal in accordance with law. 5.
The learned counsel for the claimants also candidly submitted that in the present status of the proceedings where the main matter is itself ripe for final decision, the claimants will not now press for separate execution of the order dated 08.07.2008 but shall make all the submissions before the Tribunal in accordance with law. 5. In the given set of facts and circumstances and the present status, challenge to the order dated 08.07.2008 in this writ petition position could only be considered redundant and not warranting adjudication. Thus, when no adjudication is required nor is being made in this matter, this petition is being dismissed as redundant but subject to the necessary observations. 6. The Tribunal shall take note of the observations foregoing and shall be expected to proceed in accordance with law keeping in view the fact that no adjudication is being made in this writ petition essentially for the reason that the main matter is ripe for final decision; and that operation and effect of the order dated 08.07.2008 shall now be governed by the final orders to be passed in the main claim application. 7. Subject to the above, this writ petition is dismissed as redundant. No costs.Petition dismissed. *******