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Report No. 85

15.6. New section 110EE recommended.-

In the light of the above discussion, we recommend the insertion of the following new section in the Act:-

"110EE. Deposit of amount awarded.- (1) When an award is made under section 110B the person against whom it is made, shall within thirty days of the date of the making of the award deposit the entire amount awarded in the Claims Tribunal, either in cash or by a cheque on a scheduled bank.1

(2) Where an appeal against such award is filed in the High Court by the person aggrieved by the award, the amount deposited in the Claims Tribunal shall not be paid to the person entitled thereto except on his furnishing a bond, with a scheduled bank as surety, to the effect that if the High Court in appeal sets aside the award or reduces the amount of compensation, he shall "return the amount of such part thereof as may be necessary for compliance with the decision of the High Court.

(3) Where no such appeal is filed within the period allowed for filing an appeal or where the appeal, if filed, is dismissed by the High Court, the amount deposited in the Claims Tribunal shall, if not already paid under sub-section (2), be paid to the person entitled thereto.

(4) Where an appeal against an award is filed and the High Court awards compensation for the first time or enhances the amount awarded by the Claims Tribunal, the provisions of sub-sections (1), (2) and (3) shall, with such modifications as may be necessary, apply in relation to deposit in the High Court of the amount awarded by the High Court of the amount representing the increase ordered by the High Court, as the case may be, as they apply in relation to deposit of an amount awarded by the Tribunal."

1. The expression "Scheduled hank" may be suitably defined.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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