(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this Application the claimant in a proceeding for recovery of amount of compensation due to injury suffered by him in course of motor accident has prayed for permission to withdraw a part of the amount deposited by the Insurance Company - the appellant herein as condition of stay of the execution of the award.
After hearing the learned counsel for the parties and after taking into consideration the admitted fact that the driver of the vehicle, at the time of accident, had no effective valid licence for driving a transport vehicle, we are of the view that the prayer of the applicant should not be allowed. We, therefore, dismiss this Application. The amount already deposited by the Insurance Company be kept in a short-term fixed deposit in any nationalized bank with further direction upon the Tribunal to go on renewing the same until further order of the Court.
Let the hearing of the Appeal be expedited.
The appellant is directed to file eight copies of informal paper-book containing all relevant papers used before the Tribunal below within one month from the date of service of notice of arrival of lower court's record, upon the learned advocate for the appellant.
We also dispose of the stay application by extending the interim order earlier granted, till the disposal of the Appeal.
Both the Applications are, thus, disposed of.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.Pardiwala, J.) /moin Top