UNITED INDIA INSURANCE CO LTD Vs. MANIBEN MOHANBHAI

JUDGEMENT

(1.) THIS appeal has been filed challenging the judgment and award passed u/s.140 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal (Aux.), Veraval in Claim Misc. Application No.199/2002 dated 19.09.2003, whereby, the said application was allowed and an amount of Rs.50,000/- was awarded as compensation to the original claimants along with interest @ 9.0% p.a. from the date of application till its realization.

(2.) THE facts in brief are that Mohanbhai Sidibhai, husband of respondent no.1 herein, sustained serious bodily injuries in a vehicular accident which occurred on 13.04.2001. On the same day, Mohanbhai Sidibhai succumbed to the injuries. Initially, the legal heirs of the deceased had filed an application u/s.163-A of the said Act claiming compensation of Rs.3,90,420/-. However, subsequently, it was converted into an application u/s.140 claiming interim compensation. THE Tribunal, by way of the impugned award, allowed the said application. Being aggrieved by the same, the appellant-Insurance Company has filed the present appeal.

(3.) IT is made clear that if, ultimately, the claim petition is allowed and the appellant-Insurance Company is held liable, then payment to the original claimants shall be made out of the aforesaid amount; lest it shall be returned to the appellant-Insurance Company. Further, if the claim petition is withdrawn, the entire amount shall be returned to the appellant-Insurance Company. IT is made clear that this Court has not entered into the merits of the case and therefore, the Tribunal concerned shall decide the claim petition on merits and being uninfluenced by this order.