HDFC BANK LTD Vs. GEETABEN KANUBHAI PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 09.08.2009 passed by learned Motor Accident Claims Tribunal (Main), Kheda at Nadiad below Exh.6 in Motor Accident Claim Petition No.53 of 2007 whereby the Tribunal has awarded a sum of Rs.25000/- along with interest at the rate of of 9% per annum.

(2.) THE original claimants filed claim petition under section 166 of the Motor Vehicles Act, 1988 which came to be registered as M.A.C.P No.53 of 2007. THE said claim was filed in view of the accident which has occurred between the vehicles owned by the present respondent nos.2 and 3. THE claimants have also filed an application under Section 140 of the Act claiming interim compensation wherein the aforesaid award came to be passed.

(3.) IN the premises aforesaid, the impugned judgement and award qua the present appellant is quashed and set aside. If the amount has already been deposited by the appellant and withdrawn by the claimant, it will be open to the appellant to recover the amount from the owner of the vehicle. Appeal is allowed accordingly with no order as to costs.