Full Judgment Text
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CASE NO.:
Appeal (civil) 1868 of 2008
PETITIONER:
U.P. State Road Transport Corporation
RESPONDENT:
Compotar
DATE OF JUDGMENT: 10/03/2008
BENCH:
Dr. ARIJIT PASAYAT & P. SATHASIVAM
JUDGMENT:
J U D G M E N T
CIVIL APPEAL NO 1868 OF 2008
(Arising out of SLP (C) 25771/2007)
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Challenge in this appeal is to the order passed by a
Division Bench of the Allahabad High Court directing the
appellant to deposit the entire amount awarded by the Motor
Accident Claims Tribunal/Special Judge, Mathura in MACC
No. 431 of 2005. It was directed that the amount was to be
invested and paid to the claimant\026respondent No.1 in
accordance with the directions of the Tribunal.
3. Learned counsel for the appellant submitted that a
detailed, frivolous and false claim was lodged. It was
submitted that a bare look at the factual scenario would go to
show that the claim has no foundation. The accident
purportedly took place on 24.12.2000, the FIR was lodged on
31.5.2001 and in December, 2005 a Claim Petition claiming
compensation under provisions of Motor Vehicles Act, 1988
(in short the ’Act’) was filed.
4. Overlooking these facts, Tribunal awarded compensation
of Rs.8,11,351/- alongwith interest at the rate of 6% from the
date of filing of the claim petition till the date of actual
payment. While admitting the appeal the High Court,
according to the appellant should not have directed deposit of
the entire amount and should not have permitted the claimant
to be paid the amount of deposit.
5. Notice has not yet been issued in this matter but we feel
that the impugned order of the High Court is practically
unreasoned and no reason has been indicated as to why the
High Court felt that the amount was to be paid to the claimant
on deposit. Therefore, we direct the High Court to re consider
the matter and pass fresh order.
6. We have passed this order to avoid unnecessary delay
and inconvenience to the parties.
7. The appeal is accordingly disposed of.