NEW INDIA ASSURANCE CO LTD Vs. BABULAL GULABBHAI

JUDGEMENT

(1.) IN both the appeals under section 173 of the Motor Vehicles Act, 1988 ("the Act", for short), orders of the Claims Tribunal made under section 140 of the Act have been challenged. It is the case of the appellant-insurance company that proper opportunity was not afforded to it to establish its permissible defences.

(2.) IT was conceded and jointly submitted by learned counsel appearing on both sides that, in the peculiar facts and circumstances and prolonged pendency of the so-called main claim petitions, the present appeals may be allowed without entering into merits so as to facilitate hearing and disposal of the main claim petitions on merits in accordance with law. It was also submitted that the parties will co-operate in earliest possible hearing of the main claim petitions and the amounts deposited or disbursed pursuant to the orders made in these appeals should abide by the final orders that may be made by the Claims Tribunal in the main claim petitions.

(3.) ACCORDINGLY, by consent, the appeals are allowed and the impugned orders dated 24. 8. 1999 and 06. 9. 1999 of Motor Accident Claims Tribunal, Junagadh in Claim Cases No. 123 of 1998 and 124 of 1998 respectively are set aside. In respect of the amounts, if any deposited and/or disbursed pursuant to the impugned orders or pending the present appeals, the Tribunal concerned shall pass appropriate orders after hearing the parties and in light of its decision in the main claim applications. The main claim applications may, as far as practicable, be disposed within six months and, in the meantime, no amount shall be recovered from the claimants and no further disbursement shall be made. Order accordingly.