The New India Assurance Company Ltd. vs Beni Madhav Shukla and Others

Anil Kumar, J.—Heard learned Counsel for parties.

As there is no objection from the side of Respondents, accordingly, application is allowed.

Let necessary amendment be carried out as prayed.

Present application has been moved on behalf of Respondent No. 1 for with drawl of amount deposited by Appellant/Insurance Company which is awarded against him by decree dated 26.04.2005 passed by Motor Accidents Claims Tribunal, Pratapgarh/Additional District Judge-VI, Pratapgarh in M.A.C.P. No. 95 of 2000 (Beni Madhav Shukla and Anr. v. Shree Ram Misra and Ors.).

In order to dispose of the present application, the facts which are necessary are that an accident taken place on 24.04.2000 and one Sri Vinod Kumar Shukla son of Sri Respondent No. 1 died.

In view of the above said facts, Respondent No. 1 along with his wife Smt. Shushila Devi (now deceased) filed a Claim Petition for compensation registered as MACP No. 95 of 2000 before Motor Accident Claims Tribunal, Pratapgarh, allowed by judgment and decree dated 12.04.2005 thereby awarding a sum of Rs. 77,000/-to be paid by Insurance Company (Appellant).

Learned Counsel for Appellant while opposing application in question submits that deceased, Sri Vinod Kumar Shukla is gratuitous passenger, as such award passed by the Tribunal is contrary to terms of policy.

From the perusal of judgment passed by Tribunal, prima facie, it appears that said submission made by learned Counsel for Appellant is incorrect, as such no issue has been framed by the Tribunal while deciding the matter in controversy.

So, keeping in view the above said facts, the interest of justice will sub serve, if applicant/Respondent No. 1 is permitted to withdraw a sum of Rs. 15,000/-from the amount deposited by Insurance Company (Appellant) before the Tribunal in pursuance to the order dated 08.08.2005 passed by this Court earlier.

For the foregoing reasons, Respondent No. 1(Sri Benimadhav Shukla son of Late Bahadur Shukla) is permitted to withdraw a sum of Rs. 15,000/-(Fifteen thousand) from the amount is deposited by Insurance Company (Appellant) before Motor Accident Claims Tribunal/V Ith Additional District Judge, Pratapgarh in pursuance to award dated 12.04.2005 passed in M.A.C.P. No. 95 of 2000 (Beni Madhav Shukla and Anr. v. Shree Ram Misra and Ors.) forthwith.

List after four weeks.

Accordingly, application in question is disposed of.