JUDGMENT 1. - Heard the learned counsel for the appellant and perused the material placed on record. 2. Admit. Issue notice to the respondents. 3. Send for the record. 4. Also heard on the prayer for interim relief. 5. In its impugned award dated 13.10.2011 as made in MAC Case No.280/2008, the Motor Accident Claims Tribunal, Dungarpur ('the Tribunal') has awarded compensation in the sum of Rs. 4,96,000/- together with interest @ 6% per annum in favour of the dependents (the wife, minor children and parents) of the deceased Manilal Kalasua Meena, who was driving the vehicle involved in the accident and expired due to the injuries sustained in the accident. 6. So far the present claim case is concerned, it has been considered essentially under Section 163-A of the Motor Vehicles Act, 1988. This claim case had, of course, been considered along with 2 other claim cases relating to the same accident bearing numbers 23/2009 and 24/2009 but the Tribunal chose to deliver separate award in relation to the present claim case (No.280/2008) and another but common award in relation to the said other claim cases (Nos. 23/2009 and 24/2009) on the same date i.e., 13.10.2011 7. In those other cases relating to the same accident (Nos.23/2009 and 24/2009), the Tribunal observed that no driving license had been produced and the victims in the said cases were the passengers in tractor-trolley. The learned Tribunal, thus, found violation of policy conditions but, with reference to the decision of the Hon'ble Supreme Court in New India Assurance Company Ltd. v. Dharshana Devi & Ors., 2008 RAR 58(SC) , held that the insurer, though not liable, but shall make payment of compensation and, thereafter, would be entitled to recover the same from the owner of the vehicle. 8. In its separate award relating to the present matter (Claim Case No.280/2008), however, the learned Tribunal proceeded on the consideration that the policy covered the risk of the paid driver by charging additional premium in that regard; and held that in relation to the present case, the appellant-insurer was liable to make payment of compensation and could not be absolved of its liability. 9. 9. In the totality of the facts and circumstances of the case, even though this appeal has been admitted for consideration, so far the aspect relating to payment of compensation is concerned, this Court finds no reason to pass an interim order to the effect of denying the claimants of the awarded amount. As noticed, in the other 2 cases, even though exonerated, the insurer has nevertheless been directed to make payment in the first instance. In the present case, the position obtainable as at present is that the finding of the learned Tribunal stands against the insurer. Then, the award on its quantification does not appear excessive where the learned Tribunal has put an estimate on the monthly income of the deceased, who was earning as a driver, only at Rs. 3,000/- and despite there being 8 claimants, has deducted ⅓rd towards personal expenditure of the deceased; and has taken loss of dependency only at Rs. 2,000/- per month and then, has quantified the compensation towards monetary loss with application of the multiplier of 17. In the ultimate analysis, the award on its quantification could only be said to be rather restrictive. 10. In the overall circumstances, the prayer for interim relief in this matter is declined. 11. However, in the interest of justice, the appellant-insurer is granted 30 days' time for depositing the amount requisite under the award in question with the Tribunal concerned. It is also considered appropriate and hence directed that upon the appellant depositing the amount, the Tribunal shall carry out apportionment and disbursement as contemplated by the award in question but so far the amount ordered to be placed in fixed deposit is concerned, the same shall not be permitted to be withdrawn without specific orders of this Court. 12. Subject to the observations and requirements aforesaid, the stay application (No.21306/2011) stands rejected.Stay Petition Dismissed. *******