UNITED INDIA INSURANCE CO Vs. KANTI DEVI

JUDGEMENT

(1.) After hearing counsel for the parties, I find no ground to vacate ad interim order passed in this case. The Motor Accident Claims Tribunal awarded a sum of Rs. 1,39,000/- to the widow and the unmarried daughters.

(2.) The Insurance Company has filed an appeal which stands admitted. One of the grounds asserted is that the driver was in possession of a forged licence meaning thereby he had no valid licence and liability of the Insurance Company would be wiped out. Be that as it may, this matter is to be decided in the appeal itself. Earlier, 50 per cent of the decretal amount was ordered to be deposited by the appellant and stay of the remaining 50 per cent of the decretal amount was ordered. A sum of Rs. 25,000/- stands deposited with the Registrar of this Court in this appeal.

(3.) The said amount is ordered to be paid to the claimants in the same proportion as allowed by the Tribunal. The award of the Tribunal to be executed to the extent of 50 per cent has already been ordered and execution of 50 per cent as of the award shall stand stayed as far as the appellant-Insurance Company is concerned. The C.M. is disposed of.