NEW INDIA ASSURANCE CO LTD Vs. RAMILA DEVI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles act, 1988 ('the Act') has been preferred by the insurer of the vehicle involved in accident against the award dated 21. 7. 2006 passed by the Motor Accidents Claims tribunal, Udaipur in Claim Case No. 14 of 2002 questioning the quantum of loss assessed by the Tribunal in the sum of rs. 14,62,000 on account of accidental death of Ganesh Sharma, about 40 years of age, husband of the respondent No. 1, father of the respondent Nos. 2 and 3 and son of the respondent No. 4.

(2.) THIS appeal was taken up for consideration on 11. 1. 2007 and learned counsel for the appellant pointed out that though this appeal has been submitted questioning only the quantum of compensation awarded by the Tribunal as being highly excessive and exorbitant; but having regard to the facts and circumstances of the case and the subject-matter of this appeal, apart from the amount of Rs. 25,000 as required by section 173 of the Act, the appellant of its own had deposited with the Tribunal further a sum of Rs. 6,33,400, of course without prejudice to its contentions in this appeal, on a broad estimate that it would represent the principal sum of Rs. 5,62,000 and interest thereupon towards the amount of just compensation payable to the claimants. This court found the insurer discreet in its approach in coming out with a reasonable deposit particularly when it is not its contention that no amount whatsoever is payable to the claimants. After considering the impugned award in its totality, this court issued notices for final disposal and until further orders, execution of the impugned award against appellant insurer for the remaining amount was ordered to be stayed.

(3.) RESPONDENT Nos. 1 to 4, claimants, have put in appearance, learned counsel for the parties have been heard at length and record has been scanned through.