SHETHIA TRANSPORT CO. Vs. BHAVNABEN

JUDGEMENT

(1.) This is an appeal under Sec. 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 Sec. 163-A of the said Act, in Misc. Application No. 263 of 1996.

(2.) It is obvious that the present award under Sec. 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.