(1.) THE present First Appeal arises out of the impugned order dated 10/10/2008 passed by learned Motor Accident Claims Tribunal (Auxi.), 3rd Fast Track Court, Gondal, Camp at Dhoraji in Order below Exh-17 in Motor Accident Claim Petition No.139/2004 awarding a sum of Rs.25,000/- with interest at the rate of 7% from the date of filing of the petition till payment is made, to the original claimant by way of interim compensation under Section 140 of the Motor Vehicles Act.
(2.) HAVING heard Mr.Meena, learned advocate appearing on behalf of the appellant - original Opponent - The Oriental Insurance Company Limited 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 Act, the present appeal is not entertained. However, it is observed that deposit of any amount pursuant to the said order, 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, as 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 60% amount in the Fixed Deposit and balance amount of 40% 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 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. With these, the present First Appeal is disposed of.