United India Insurance Co. Ltd. , Branch Officer Bajaj Road, Sikar v. Sajna
2006-08-28
P.S.ASOPA
body2006
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties on the application for modification of the stay order dated 26.10.2005 by issuing direction to the MACT, Sikar to disburse the amount. 2. The submission of counsel for the appellant Insurance Company is that the deceased was travelling in the Tractor owned by his father and being a passenger of the Tractor, he is not entitled for any relief. 3. The submission of counsel for the claimants is that the status of the deceased cannot be taken as a passenger of a Tractor because it was owned by his father. 4. Considering the above mentioned contention and balancing the equities, I am of the view that 50% of the amount be disbursed to the claimants on furnishing solvent security. Both the counsel agreed that remaining 50% amount be deposited in the form of FDR in a nationalised bank. The Claims Tribunal is directed to deposit 50% of the amount in the form of FDR in a nationalised bank. 5. The application stands disposed of.Application disposed of. *******