UNITED INDIA INSURANCE COMPANY Vs. MEENA KATYAL

JUDGEMENT

(1.) MOTOR Accident Claims Tribunal awarded a sum of Rs.5,76,000/- payable to smt. Meena Katyal. Two appeals were filed in the High Court; one by the Insurance Company and the other by another claimant Smt. Ishwari Devi, mother of the deceased. In the appeal filed by Ishwari Devi, it was ordered that a sum of Rs. 1,00,000/- be not disbursed to Smt. Meena Katyal and the said amount be deposited in the Fixed Deposit Receipt in a scheduled Bank. The matter was taken to the Supreme court in S.L.P. and the Supreme Court directed that half of the total amount awarded be paid to Smt. Meena Katyal until disposal of the appeal by the High Court and there was no stay in respect of the remaining half of the amount awarded. The High Court was directed to dispose of the appeal within four months. This order was passed on July,22,1988. Since the appeal was not disposed of by the High Court within four months, as directed by the Supreme court, the matter again came up before the Supreme court. The Supreme Court observed that the Insurance Company had not deposited half of the amount of the Award and disposed of the matter leaving the parties to approach the High Court for appropriate interim osiers. This order was passed on January 23,1989. Thereafter the matter was dealt with by M.S. Libernan, J. on May 2,1989, in the appeal filed by the Insurance Co. F.A.O. No. 384 of 1988. In that appeal smt. Vcena Katyal was the respondent and it was ordered that she would be at liberty to withdraw the amount of Rs. 50,000/- with interest without furnishing any security and the remaining after furnishing security for its refund to the satisfaction of the Executing Court. This security was to be accepted after notice to the appellant, namely, the Insurance Company. With respect to the half amount the execution was to be stayed, as said, on furnishing undertaking that the amount due shall be paid with 15% interest from the date of amount due till the date of payment within 4 months from the date of the order finally disposing of the matter.

(2.) BEFORE the Motor Accident Claims Tribunal the Insurance company deposited in all a sum of Rs. 3,84,384/- Out of this amount Rs. 1,88,000/- has already been paid to Smt. Meena Katyal. A sum of Rs. 1,00,000/- has been deposited in the Fixed Deposit Account (Receipt). He has left the parties to get clarification of the orders by the High Court, if necessary.

(3.) AFTER hearing learned Counsel for the parties I find that this prayer should be allowed. As far as Ishwari Devi is concerned, her interest is safeguarded in view of the security furnished by the Insurance Company with regard to half of the decretal amount for which stay order has been passed. If Ishwari Devi is held entitled to any amount, she can get the same from the Insurance Company. As far as Smt. Meena Katyal is concerned there is no dispute that she is entitled to the amount as far as half of the total amount awarded to her is concerned. That being the position, while clarifying the earlier order it is directed that a sum of Rs. 1,00,000/- which stands deposited in the Fixed Deposit be also paid to Smt. Meena Katyal. The amount of Rs. 1 ,00,000/- is ordered to be paid to Smt. Meena Katyal on furnishing security to the satisfaction of the Tribunal. This disposes of the Civil Misc. applications.