LAWS(GJH)-2010-7-279

UNION OF INDIA Vs. HARISHKUMAR CHHAGANLAL SONI

Decided On July 13, 2010
UNION OF INDIA Appellant
V/S
HARISHKUMAR CHHAGANLAL SONI Respondents

JUDGEMENT

(1.) Union of India through General Manager, Ahmedabad Telecom District along with one Shayar Manaram Meena are before this Court being aggrieved by judgment dated 14.9.1990 and award dated 11.12.1990 passed by Motor Accident Claims Tribunal (IV-A), Ahmedabad in M.A.C.P. No.187 of 1985. The appeal is filed under Section 173 of the Motor Vehicles Act. The MACT was pleased to award amount of Rs.1,06,500/- with proportionate cost and interest at the rate of 10% from the date of application till realisation. The learned Tribunal was pleased to hold the opponents jointly and severally liable. They were directed to bear their own costs.

(2.) The learned Tribunal was pleased to order that when the amount is deposited the deficit court fees, if any, shall be deducted and thereafter out of remaining amount the petitioner to deposit Rs.1,00,000/- in a Nationalised Bank for a period of six years with the condition that no loan or withdrawal will be permitted without the prior permission of the Tribunal. The Tribunal was pleased to order that the rest of the amount be paid to the applicant in cash by account payee cheque only.

(3.) The facts giving rise to the present appeal as set out in the judgment and award are as under: