NATIONAL INSURANCE COMPANY Vs. JASHBHAI MAGANBHAI PAREKH

JUDGEMENT

(1.) THE present First Appeal arises out of the impugned judgement and award dated 08/07/2010 passed by learned Motor Accident Claims Tribunal (Main), Anand in in Motor Accident Claim Petition No.32/2007 awarding Rs.25,000/- to the original claimant by way of interim compensation under Section 140 of the Motor Vehicles Act for No Fault Liability.

(2.) HAVING heard learned advocate appearing on behalf of the appellant - original Opponent No.2 and as the impugned order is passed under Section 140 of the Motor Vehicles Act, by which, the Tribunal has awarded interim compensation under Section 140 of the Motor Vehicles Act, the present appeal is not entertained. However, it is observed that the same shall be without prejudice to the rights and contentions of the respective parties in the main claim petition and all the defences and contentions, which are available to the respective parties are kept open and the same shall be considered by the Tribunal while deciding the main claim petition. However, so far as the amount deposited by the appellant as per the order passed by the Tribunal is concerned, it appears that while passing operative portion of the order, the Tribunal has directed to invest Rs.17,500/- in the Fixed Deposit and balance amount is directed to be paid to the claimant by Account Payee Cheque, the same is modified to the extent that the Tribunal is directed to invest the entire amount in any Nationalized Bank in the name of the Nazir of the Tribunal, initially for a period of five years and the claimant shall be entitled to periodical interest on the same, which shall be paid to the claimant by Account Payee Cheque.