Mohammad Jalil Vs.
Lalmani Devi & Ors.  INSC 1277 (1 August 2008)
JURISDICTION CIVIL APPEAL NO. 4769 OF 2008 [Arising out of SLP(C) No.8300/2007]
MOHAMMAD JALIL ... APPELLANT(S) :VERSUS:
Nobody appears on
behalf of the respondents despite service of notice.
This appeal is
directed against the judgment and order dated 3.4.2007 passed by a Division
Bench of the High Court of Judicature at Allahabad in F.A.F.O. No. 898 of 2007
whereby and where under the High Court, while admitting the appeal of the
appellant, directed the appellant who is the owner of the vehicle, to deposit
the awarded amount of Rs. 2,90,800/- along with interest accrued thereon till
the said date, within a period of one month there from.
The contention of the
appellant is that the question involved in the appeal before the High Court was
as to whether the vehicle in question was at all involved in the accident or
not and in that view of the matter, until a finding is arrived at in favour of
the respondents, the question of the appellant incurring any liability for
payment of compensation for the death of the deceased would not arise.
-2- By an order dated
14.5.2007, this Court while issuing notice directed the appellant to deposit
50% of the awarded amount.
It is stated by Mr.
Anis Ahmed Khan, learned counsel for the appellant that the said order has been
complied with. In that view of the matter, we set aside the impugned order
directing the appellant to deposit the entire awarded amount with interest, and
that the amount so deposited by the appellant may be invested in a fixed
deposit account with a nationalised bank. The said amount along with interest
accrued thereon shall ensure to the benefit of the successful party.
We, however, request
the High Court to consider the desirability of disposing the appeal of as
expeditiously as possible.
The appeal is
disposed of accordingly.
DELHI, AUGUST 1, 2008.