ORIENTAL INSURANCE CO LTD Vs. CHHAGANBHAI SHIBHAIBHAI PARMAR

JUDGEMENT

(1.) THE legal heirs of respondent No.1 are already on record and respondent No.5 is allowed to be deleted.

(2.) BY way of this appeal, the appellant?Insurance Company has challenged the order dated 30.11.2004 passed in Motor Accident Claims Petition No.175 of 2002, filed under Section 163-A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal, Nadiad, whereby the Tribunal has awarded Rs.1,64,500- as interim compensation together with interest at the rate of 9% p.a. from the date of this application till the realization.

(3.) THEREFORE, the order dated 30.11.2004 passed in MACP No.175 of 2002 is set aside, the matter is remanded to the Tribunal for considering the liability of making payment towards compensation. The Tribunal is directed to decide the matter, within one year from the date of receipt of this order. However, to protect the interest of the original applicant, the deposited amount will remain deposited in FDR and interest accrued thereon will not be disbursed to the original claimants. The entire amount will be given to the party, who succeeds in the claim proceeding. The appeal stands disposed of accordingly.