Learned Counsel for the appellant submitted that the tribunal erred in passing the impugned judgment and award. He, further, submitted that the tribunal failed to appreciate the fact that the deceased was travelling in a goods vehicle. However, he, fairly, conceded that the said contention was not raised before the tribunal.
Under the circumstances, the appeal is ADMITTED qua the quantum, only.
(K.S.
JHAVERI,J.) ORAL ORDER IN CIVIL APPLICATION No. 13779 of 2011 RULE, returnable on 27TH JANUARY, 2012.
Out of the total decreetal amount deposited before the tribunal by the appellant, an amount of Rs.1,60,000/- shall be invested in FDR by the tribunal, initially, for a period of THREE YEARS, which shall be renewed from time to time, till the disposal of the appeal. Out of the remaining amount i.e. Rs.2,04,500/-, 70 per cent amount shall also be deposited in a separate FDR, initially, for a period of three years, which shall be renewed from time to time, till the disposal of the appeal, whereas remaining 30 per cent thereof, shall be permitted to be WITHDRAWN by the respondent-claimant/s, by account payee cheque, after proper verification and subject to final result in the appeal. The claimants shall be PAID the quarterly interest accruing on BOTH the FDRs. The aforesaid FDRs, though in the name of respondent-claimant/s, SHALL REMAIN with Nazir Department of the Claims Tribunal concerned, till the appeal is decided by this Court.
Ordered, ACCORDINGLY.
(K.S.
JHAVERI,J.) Umesh/ Top