DIVISIONAL MANAGER NEW INDIA Vs. GOPAL CH DAS

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company. The claimant -respondents have entered appearance. The Counsel for claimant -respondents submitted that the appeal may not be maintainable in view of the provisions contained in Section 170 of the Motor Vehicles Act, 1988, and in view of the decisions of the Supreme Court reported in 1997 (2) TAC 1 (SC) : I (1997) ACC 341 (SC) Narendra Kumar and Anr. v. Yarenissa and Ors. and 1998 (2) TAC 379 (SC) : I (1999) ACC 347 (SC) Shankarayya and Anr. v. United India Insurance Co. Ltd. and Anr. The learned Counsel for the appellant submitted that though the appellant is not challenging the quantum itself, it is challenging the wrong basis adopted by the Tribunal. He has further submitted that the matter may be entertained and disposed of after issuance of notice to owner -respondent No. 1.

(2.) LEARNED Counsel for claimant -respondents submitted that in case the appeal is entertained and notice is issued to respondent No. 1, the disposal of the appeal is likely to be further delayed thereby causing much harassment to the claimants. He has, therefore, suggested that the appeal itself may be disposed of in the spirit of Lok Adalat by reducing the compensation amount, if necessary. The Tribunal had directed payment of Rs. 11,16,616/ - with interest at the rate of nine per cent from the date of application, that is to say 11.9.1996. Keeping the appeal pending for disposal may also prove to be counter -productive in the long run for the Insurance Company, as the interest payable would pile up. - -

(3.) A sum of Rs. 25,000/ - has been deposited in this Court which has been invested. The said amount alongwith accrued interest may be paid to claimant -respondent No. 2 by the High Court by way of account payee cheque within a period of two weeks from today. Out of the balance amount, a sum of Rs. 2,00,000/ - (two lakhs) shall be kept in cumulative fixed deposit in the name of Madhusmita Jena (daughter) for a period of five years or till her marriage whichever is earlier. A sum of Rs. 1,75,000 / - (One lakh and seventy five thousand) each shall be kept in the name of claimant respondents 3 and 5 in cumulative fixed deposit for a period of six years. A sum of Rs. 1,75,000/ - (One lakh and seventy five thousand) shall be kept in cumulative fixed deposit in the name of claimant -respondent No. 2 Sanjukta Jena for a period of five years. The balance amount of Rs. 3,00,000/ - (Three lakhs) shall be kept in fixed deposit in the names of all the claimants jointly for a period of five years. The said account shall be permitted to be operated by claimant -respondent No. 2 for herself and on behalf of other respondents and monthly interest shall be payable to claimant -respondent No. 2 for the purpose of household expenses. This amount shall be deposited in the High Court and necessary fixed deposits shall be made by the office. The Insurance Company shall deposit the balance amount of Rs. 10,25,000/ - by end of August, 1999, failing which the said amount shall carry interest at the rate of fifteen per cent per annurn thereafter. The Misc. Appeal is accordingly disposed of.