PARAS NATH YADAV Vs. KAUSHILYA

JUDGEMENT

(1.) THIS is owner's appeal arising out of judgment and order dated 6th April, 2009 passed by concerned Motor Accidents Claims Tribunal, Gorakhpur. Heard Mr. A.P.Tiwari, learned counsel appearing for the appellant and Mr. A.K.Rai, learned counsel appearing for the caveator. The only point raised by the appellant is that the vehicle was insured but the original cover note was taken by the insurance company when the appellant informed about the date of death of the deceased. For the fitness of the facts one month's time is granted to the tribunal to consider this issue as raised by the owner subject to deposit of entire sum with it. However, notice and hearing will be given to all parties concerned and appropriate order will be passed by the tribunal by applying independent mind. However, no sum will be released till such hearing is concluded and the order is passed by the tribunal. The appeal is accordingly allowed at the stage of admission upon being heard on informal papers, as agreed by the parties. No order is passed as to costs. The entire deposited amount will include the statutory deposit of Rs. 25,000/-, which will be remitted in favour of the concerned tribunal as expeditiously as possible.