NATIONAL INSURANCE COMPANY LIMITED Vs. PRAKASHBHAI MULSHANKERBHAI PANDYA

JUDGEMENT

(1.) Heard the learned counsel for the respective parties.

(2.) This is an appeal by the Insurance Company challenging the award under section 140 of the Motor Vehicles Act, 1988. Obviously, this award is in the nature of an interim award which is subject to adjustment against the award which may be passed in the main claim petition viz. Motor Accident Claim Petition No.1459/1999 pending before the Motor Accident Claims Tribunal, Gondal. This principle is established by the Supreme Court decision in the case of The Oriental Insurance Co. Ltd. Vs. Hansrajbhai V. Kodala, reported at 2001(4) JT 477.

(3.) As a result of the hearing and discussion, a consensus has been arrived at between the learned counsel on the basis of which it is directed that the original claimant shall file an undertaking before the Tribunal within four weeks of the service of this order on the claimant, to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimant shall pursue the main claim petition on merits.