NATIONAL INSURANCE CO LTD Vs. BHIKHIBEN SHAKRABHAI GOHEL

JUDGEMENT

(1.) PRESENT appeal under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act") is preferred from order dated 18-6-2007 of MACT (Auxiliary) at Nadiad, below application-Exh. 7 in MACP No. 2279 of 2004. The impugned order was made under Section 140 of the Act, while the main claim case under Section 166 is stated to be pending before the tribunal.

(2.) IN view of the facts and circumstances, learned counsel for the parties concerned agreed and requested that the appeal may be allowed with the direction that main claim application may be heard and disposed on merits as expeditiously as practicable. Accordingly, the appeal is allowed, the impugned order is set aside and the tribunal is directed to hear and dispose main claim application in accordance with law, as far as may be, within a period of one year. The parties have agreed to cooperate in the earliest possible hearing and disposal of the main claim application. The appeal stands allowed accordingly. Civil Application for stay would not survive and stands disposed accordingly, Rule issued therein is discharged with no order as to costs. The amount deposited by the appellant with this Court shall be refunded to it by a cheque in its name through its advocate. It is needless to clarify that the tribunal shall hear and dispose the main claim application in accordance with law without being influenced by the fact that the present appeal was allowed by consent, and order of payment of interest at appropriate rate in view of delay, if any, caused by pendency of the present appeal.