ORIENTAL INSURANCE CO LTD Vs. HARKU DEVI

JUDGEMENT

(1.) THIS appeal has been filed under Section 110-D, Motor Vehicles Act, 1939 against the order of the Motor Accidents Claim Tribunal, Jodhpur dated June IS, 1989 passed in Misc. Case No. 29-B 1988.

(2.) ON September 22, 1982, an award of Rs. 50, 850/- was passed with interest @ 9% per annum by the Motor Accidents Claims Tribunal, Jodhpur. Appeals were preferred by the appellant Insurance Company, owner and driver of the vehicle, the respondents No. 1 to 5 preferred cross-objection. After hearing the parties, the appeals were dismissed and the cross objection were partly accepted by this Court on May 26, 1988.

(3.) AN application was moved by the claimants that the Insurance Company deposited Rs. 50, 000/- in the Tribunal on April 5, 1983 and Rs. 86, 525/- are still outstanding against it and it may be directed to pay the same. The Insurance did not file any reply to this application. On June 5, 1989, the Tribunal directed the Insurance Company to deposit the amount which may be considered to be outstanding by it otherwise coersive steps for the recovery of the amount would be taken against it On June 6, 1989, the Insurance Company deposited a cheque of Rs. 49, 549/- in the Tribunal along with its reply stating that the amount of Rs. 50, 000/- deposited on April 5, 1983 could not be appropriated towards interest and costs and the same was deposited towards the amount of compensation. After hearing the parties, the learned Tribunal held that the said amount of Rs. 50, 000/- deposited by the Insurance Company on April 5, 1983 has to be appropriated first towards interest and costs and accordingly, directed the Insurance Company to further make payment of Rs. 37, 901/- by its order under appeal.