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Yogender Chand & ANR Vs. United India Insurance Co. Ltd. & Ors [2008] INSC 1346 (11 August 2008)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5039 OF 2008 [Arising out of SLP(C) No. 15936/2006] ORDER Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that keeping in view the fact that the Insurance Company has already deposited the entire amount awarded and had initiated a separate proceeding for recovery thereof from the owner of the vehicle, it was not necessary for the High Court to direct the appellant also to deposit the awarded amount. The impugned order is, therefore, set aside.

However, the recovery proceedings initiated by the Insurance Company against the owner of the vehicle shall continue.

We request the High Court to consider the desirability of disposing of the appeal preferred by the appellant as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

The appeal is disposed of on the above terms.

..........................J (S.B. SINHA)

..........................J (AFTAB ALAM)

NEW DELHI, AUGUST 11, 2008.

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