(Per : HONOURABLE MR.JUSTICE C L SONI) Rule.
Mr. Mehta waives service of rule for opponent No.1.
The applicants-claimants have preferred this application seeking permission to disburse 30% of the amount awarded by the tribunal with proportionate cost and interest. As could be found from the record of the appeal, this Court, vide order dated 10.01.2012 passed in Civil Application No. 7751 of 2011, while confirming stay against the execution and implementation of the judgement and award passed by the tribunal, has permitted the claimants to file appropriate application for withdrawal of the amount deposited by the insurance company. In the said order, it is recorded that the insurance company has deposited the amount awarded by the claims tribunal. The insurance company opposed this application by pointing out that there is a serious doubt about causing of injury to the deceased out of the vehicular accident. He stated that the deceased had received injury because of his motor cycle had slipped away on the main road and not because of the accident. He, therefore, stated that the claimants be not permitted to withdraw any of the amount deposited by the insurance company. We have, however, gone through the judgement and award passed by the tribunal. We are of the opinion that the interest of justice would be served, if the claimants are permitted at this stage to withdraw 20% of the amount deposited with proportionate cost and interest. We, accordingly, permit the applicants to withdraw 20% of the amount deposited by the insurance company and direct to invest rest 80% of the amount in fixed deposit initially for a period of five years and to be renewed from time to time till the first appeal is finally decided. We do not disturb the other terms and conditions of the judgement and award. This application accordingly stands allowed and disposed of. Rule is made absolute accordingly.
[AKIL KURESHI, J.] [C.L.SONI, J.] JYOTI Top