NATIONAL INSURANCE CO LTD Vs. SOMABHAI VIRABHAI MAKWANA

JUDGEMENT

(1.) HEARD learned Advocate Mr. Dakshesh Mehta for the appellant and Ms. Mariya Dalal for the respondent claimant.

(2.) IN this appeal, the appellant National Insurance Company has challenged the order passed below Exh. 7 in MAC Petition No. 625 of 2000 dated 21st July, 2000 at Rajkot wherein the Claims Tribunal Rajkot has directed the opponents no. 1 and 2 to pay Rs. 25000. 00 with interest thereon at the rate of 12 per cent per annum from the date of the application till the date of payment within one month from the date of the said order and the present appellant was directed to deposit the said amount before the tribunal.

(3.) APPLICATION under section 166 of the MV Act, 1988 has been filed by the claimant claiming compensation on the basis of the injury received by the claimant in respect of the accident dated 19th September, 1999 which is pending before the Claims Tribunal at Rajkot. During the pendency of the said application under sec. 166 of the mv Act, 1988, the claimant filed an application under section 140 of the MV Act, 1988 claiming Rs. 25000. 00 on the basis of No Fault Liability. Before the Claims Tribunal, FIR, panchanama of scene of offence, insurance particulars, RC Book, Injury certificate, case papers and disability certificate were produced by the claimant. Thereafter, the Claims Tribunal has decided the matter and came to the conclusion that the claimant is entitled for the amount of Rs. 25000. 00 on the principle of No Fault Liability and the appellant is directed to deposit the said amount before the Tribunal. On realisation of the amount as aforesaid, a sum of Rs. 12500. 00 was ordered to be paid in cash by crossed account payee cheque to the claimant and the remaining amount was ordered to be deposited in the name of of the claimant in fixed deposit receipt for a period of three years in any nationalizied bank with a liberty to withdraw interest monthly or periodically by the claimant with a further direction that the bank shall not allow any loan or advances against the aforesaid fixed deposit receipt without previous permission of the Tribunal. Said order of the Claims Tribunal Rajkot is under challenge in this appeal.