NEW INDIA ASSURANCE CO LTD Vs. RAMAVTAR SHARMA

JUDGEMENT

(1.) THIS appeal under section 173 of Motor Vehicles Act, 1988 ('the Act') has been preferred by the insurer of the vehicle involved in accident against the award dated 11. 11. 2005 made by Motor Accidents Claims Tribunal [special Judge, Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Cases], bikaner in Claim Case No. 365 of 2005 questioning the quantum of compensation awarded by the Tribunal at Rs. 6,50,000 to the claimant-respondent No. 1 for the loss suffered by him due to the injuries sustained in a vehicular accident.

(2.) THIS appeal was taken up for consideration on 11. 1. 2007 when learned counsel for the appellant pointed out that though this appeal has been submitted questioning only the quantum of compensation awarded by Tribunal but looking to the facts of the case and subject-matter of this appeal, the appellant of its own had deposited with the Tribunal an amount of Rs. 2,72,406, of course without prejudice to its contentions in this appeal, on a broad estimate that it would represent the principal amount of rs. 2,50,000 and the interest thereupon for compensation payable to the claimant. This court found the insurer discreet in its approach in coming out with a reasonable deposit particularly when it is not the contention that no amount whatsoever is payable to the claimant. After considering the impugned award in its totality, this court issued notices for final disposal and until further orders, the execution of the award against the appellant insurer beyond the amount deposited was ordered to be stayed.

(3.) THE claimant-respondent No. 1 and the owner of the offending vehicle, respondent No. 3, have put in appearance and service on the driver, respondent No. 2, has been dispensed with. Learned counsel for the parties have been heard at length and record has been scanned through.