RAMADHIN Vs. VIJAY PAL

JUDGEMENT

(1.) PRADEEP Kant and Rajiv Sharma, JJ. Heard Mr. Vineet Mishra, learned Counsel for the appellant and Mr. Manoj Sahu, learned Counsel for the claimant-respondents.

(2.) WITH the consent of learned Counsel for the parties, we are deciding the F. A. F. O. finally.

(3.) UNDER these circumstances, we set aside the ex parte order passed by the Motor Accident Claims Tribunal, subject to the condition that the appellant shall deposit half of the amount awarded by the Tribunal plus up-to-date in terest on that amount within a maximum period of two months from today. The amount so deposited shall be allowed to be withdrawn by the claimant-re spondents, subject to further orders passed in the claim petition. The claim peti tion shall be decided after giving opportunity of hearing to the learned Counsel for the parties to adduce further evidence, if they so desire. The matter is quite old therefore, it shall be decided within a maximum period of six months from the date of receipt of a certified copy of this order. In case, the amount is not deposited by the appellant, the benefit of this order would not be available to the appellant and the F. A. F. O. shall stand dismissed.