SUPREME COURT OF INDIA

Before:- V.N. Khare and Ashok Bhan, JJ.

Civil Appeal No. 2825 Of 2002. (Arising out of S.L.P.(C) No. 19108 of 2001). D/d. 19.04.2002.

Hemrajbhai Devrajbhai Matang - Appellant

Versus

New India Assurance Co. Ltd. & Ors. - Respondent

Motor Vehicle Act, 1988, Section 163A - Claimant sustained injuries in an accident caused due to negligent driving of a dumper - Tribunal awarded compensation of Rs. 3.80 lacs - High court stayed award passed by Tribunal and directed deposits of awarded amount to be invested in an interest bearing fixed deposit - Claimant was put to a lot of expenditure for his treatment and urgently need certain portion of awarded money - Held claimant entitled to withdraw one fourth amount without furnishing any security and further one fourth on furnishing security to satisfaction of the Tribunal - Balance amount shall remain invested as directed by High Court.

[Para 4]

JUDGMENT

V.N. Khare, J. - Leave granted.

2. The appellant herein sustained injuries in an accident alleged to have been caused due to the negligent driving of a Dumper. The appellant, therefore, filed an application before the Motor Accident Claims Tribunal (in short 'the tribunal') claiming compensation under section 163A of the Motor Vehicle Act. The tribunal allowed the application and ordered that the respondents jointly and severally deposit a sum of Rs. 3,80,000/- within one month from the date of the order.

3. Aggrieved, the respondent-company filed an appeal before the High Court of Gujarat. The appeal was admitted. However, on the stay application moved by the respondent, the Court by an order dated 2.8.2001 directed that the award given by the tribunal shall remain stayed provided the respondent deposits the amount awarded by the tribunal which shall be invested in an interest bearing Fixed Deposit. It is against the said order of the tribunal, the claimant has filed this appeal.

4. We heard learned counsel for the parties and we are of the view that since the appellant was put to a lot of expenditure for his treatment, he is in emergent need of a certain portion of the amount awarded by the tribunal. We, therefore, in partial modification of the impugned order direct that out of the amount deposited by the respondent-company, the appellant would be entitled to withdraw ¼th of the amount without furnishing any security and further ¼th of the amount on furnishing security to the satisfaction of the tribunal, which shall be subject to the result of the appeal pending before the High Court. The balance amount shall remain invested, as directed by the High Court.

5. The appeal is disposed of in the aforesaid terms.

Appeal disposed of.