NAND LAL SINGH YADAV Vs. VIMLA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Harish Chandra appearing on behalf of opposite party Nos. 1 to 4.

(2.) The petitioner has approached this Court against the order dated 26.5.2000 by which the application under Order IX, Rule 13. C.P.C. was allowed by the Claims Tribunal subject to the condition that the petitioner deposits Rs. 50,000. Sri S. K. Mehrotra, learned counsel for the petitioner submits that the Claims Tribunal exceeded its jurisdiction in directing the petitioner to deposit Rs. 50,000 during the pendency of the claim petition although at the time of accident the maximum amount under Section 140 of the Motor Vehicles Act. 1988 was only Rs. 25,000. He further submits that as the vehicle was insured, the liability is of the Insurance Company. He has also relied upon the order dated 4.8.1997 passed by this Court in Writ Petition No. 1503 (MSI of 1992.

(3.) Sri Harish Chandra, learned counsel for the opposite parties submits that the Claims Tribunal passed the award dated 30.7.1999 after considering the written statement filed by the petitioner. He further submits that in pursuance of the interim order passed by this Court, the entire proceedings of the Claim Case No. 11 of 2000 pending in the Claims Tribunal are standstill. He further submits that there is no illegality in the order passed by the Claims Tribunal as when the order was passed on 26.5.2000, the amended Act was in operation.