Reliance General Insurance Co. Ltd. v. Rafikbeg Samsubeg Mirza
2011-06-27
RAJESH H.SHUKLA
body2011
DigiLaw.ai
Judgment Rajesh H. Shukla, J.—Heard learned Counsel Mr. Vibhuti Nanavati. 2. The present First Appeal arises out of the impugned order passed by the Motor Vehicles Claims Tribunal (Main), Kheda at Nadiad, below Exh. 3 in Motor Accident Claim Petition No. 528 of 2010 under Section 140 of the Motor Vehicles Act on the grounds stated in the appeal. The Tribunal had awarded Rs. 25,000/- to the claimant by way of interim compensation under Section 140 of the Motor Vehicles Act for “No Fault Liability.” 3. Having heard learned Counsel Mr. Nanavati appearing for the appellant-original opponent No. 2, as the impugned order is passed under Section 140 of the Motor Vehicles Act awarding interim compensation under Section 140 of the Motor Vehicles Act, the present appeal is not entertained. 4. It is clarified that the amount which is deposited pursuant to the said order shall be without prejudice to the rights and contentions of the respective parties in the main claim petition and all the defences and contentions available to the respective parties are kept open and it shall be considered finally at the time of hearing of the main matter. However, as the amount has been deposited by the appellant as per the order passed by the Tribunal, the Tribunal is hereby directed to invest the entire amount in a Fixed Deposit with any nationalized bank initially for a period of 5 years in the name of the original claimant and the original claimant shall be permitted to withdraw periodical interest accrued thereon, which shall be paid to the claimant by account payee cheques. However, the amount so invested shall remain as deposited and the claimant shall not have any right and shall not create any encumbrance on such deposit. 5. It is also ordered and clarified that the amount of deposit may not be withdrawn or any encumbrances on such deposit may not be created by the claimant and the claimant shall be entitled to withdraw the periodical interest accrued thereon as stated above. The Tribunal shall pass appropriate order finally at the time of deciding the main petition and shall pass appropriate order with regard to the amount which has been deposited in the Fixed Deposit including refund of the amount in case Respondent No. 2 company succeeds. 6. With the aforesaid observations, the present First Appeal stands disposed of. 7.
The Tribunal shall pass appropriate order finally at the time of deciding the main petition and shall pass appropriate order with regard to the amount which has been deposited in the Fixed Deposit including refund of the amount in case Respondent No. 2 company succeeds. 6. With the aforesaid observations, the present First Appeal stands disposed of. 7. In view of the order passed in the First Appeal, no order is passed in the civil application and it stands disposed of. P P P P P