LAWS(GJH)-2010-8-434

VALLABHBHAI KADVABHAI MAKWANA Vs. MANSUKHBHAI KARAMSHIBHAI ZALA MAKWANA

Decided On August 26, 2010
VALLABHBHAI KADVABHAI MAKWANA Appellant
V/S
MANSUKHBHAI KARAMSHIBHAI ZALA MAKWANA Respondents

JUDGEMENT

(1.) This Civil Revision Application preferred under Section 115 of the Code of Civil Procedure, 1908 is directed against the judgment and order passed by the M.A.C. Tribunal[Main], Bhavnagar below application Exh.5 in M.A.C.Petition No. 800 of 2007 by which the learned Tribunal allowed the application preferred under Section 140 of the Motor Vehicles Act against the opponent no.1 and dismissed the application against the opponent no.2-New India Assurance Company. It is observed by the Tribunal that the applicant do recover Rs. 25,000/- from opponent no.1 together with running interest at the rate of 7.5% p.a. from the date of main claim petition as per the judgment of the Hon'ble Gujarat High Court reported in 1995 A.C.J. 831 in the case of Anitaben and others vs. Abdulkarim Allarakhan Shaikh and others, till realization. Opponent no.1 is directed by the Tribunal to deposit the amount of award in the office of the Tribunal within one month from the date of the order. Thereafter, order of disbursement came to be passed by the Tribunal. Aforesaid order is challenged by the opponent no.1 before this Court.

(2.) I have heard Mr. Mehul S Shah, learned advocate for the applicant and Mr Shashikant Gade, learned advocate for opponent no.2 at length and in great detail. Though served, none is present for opponent no.1. Considering the rival submissions, impugned judgment and order as well as the judgment rendered by the co-ordinate Bench of this Court in the case of United India Insurance Co.Ltd v. Lilaben Wd/o. Ganpatbhai Vasava and 3 Ors, reported in 2007 [O] GLHEL-HC 220949 and the ratio laid down therein, the applicant shall deposit the amount awarded by the learned Tribunal under Section 140 of the Motor Vehicles Act within one month from the date of this order. On the aforesaid amount being deposited by the applicant, claimant will be entitled to withdraw the same on furnishing security/surety of the like amount in question awarded by the Tribunal and shall also file an undertaking before the Tribunal that he will not withdraw the application filed under Section 166 of the Motor Vehicles Act.

(3.) With this observation, the Civil Revision Application is allowed. The impugned order dated 22nd April, 2009 passed by the M.A.C.Tribunal [Main], Bhavnagar below exh.5 in M.A.C. Petition No. 800 of 2007 is modified to the extent indicated herein above. Rule is made absolute to the extent indicated herein above.