Rejoinder affidavit filed is taken on record.
The Tribunal has fixed liability of payment of compensation awarded upon the appellant, who is the owner of the vehicle as he was not having a valid driving lincence. At the time when the appeal was filed the stay application was rejected.
However, subsequently as the appellant filed an application for additional evidence bringing on record his driving licence, the court vide order dated 14.12.04 granted interim protection and directed the balance amount of Rs.39,500/- to be deposited and to be invested in a interest bearing account of nationalized bank.
The submission of learned counsel for claimants/respondents is that the licence which is sought to be brought on record by the appellant is valid only for the period of 31.8.1988 to 30.8.91 and as such there is no evidence that the appellant had licence on date of accident i.e. 7.12.91. Thus, the claimants/respondents are entitled to the entire amount awarded.
In view of above, I am of the view that the interim order dated 14.12.04 is required to be modified. Accordingly, the claimants/respondents are permitted to withdraw the entire amount awarded on furnishing adequate security to the satisfaction of the court below.
Stay vacation application stands disposed of accordingly and the interim order is confirmed with the above modification.
Order Date :- 21.9.2010 piyush