HEMRAJBHAI DEVRAJBHAI MATANG v. NEW INDIA ASSURANCE CO. LTD.
2002-04-19
ASHOK BHAN, V.N.KHARE
body2002
DigiLaw.ai
( 1 ) LEAVE granted. ( 2 ) THE appellant herein sustained injuries in an accident alleged to have been caused due to the negligent driving of a dumper. The appellant, therefore, filed an application before the Motor Accidents Claims Tribunal (in short "the Tribunal") claiming compensation under Section 163-A of the motor Vehicles Act. The Tribunal allowed the application and ordered that the respondents jointly and severally deposit a sum of Rs 3,80,000 within one month from the date of the order. ( 3 ) AGGRIEVED, the respondent Company filed an appeal before the High court of Gujarat. The appeal was admitted. However, on the stay application moved by the respondent, the Court by an order dated 2-8-2001 directed that the award given by the Tribunal shall remain stayed provided the respondent deposits the amount awarded by the Tribunal, which shall be invested in an interest-bearing fixed deposit. It is against the said order of the Tribunal, the claimant has filed this appeal. ( 4 ) WE heard learned counsel for the parties and we are of the view that since the appellant was put to a lot of expenditure for his treatment, he is in urgent need of a certain portion of the amount awarded by the Tribunal. We, therefore, in partial modification of the impugned order direct that out of the amount deposited by the respondent Company, the appellant would be entitled to withdraw 1/4th of the amount without furnishing any security and further 1/4th of the amount on furnishing security to the satisfaction of the tribunal, which shall be subject to the result of the appeal pending before the high Court. The balance amount shall remain invested, as directed by the high Court. ( 5 ) THE appeal is disposed of in the aforesaid terms.