Nobody appears on behalf of the respondents despite service of notice.
Leave granted.
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 whereunder 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 therefrom.
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.
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 enure to the benefit of the successful party.
We, however, request the High Court to considier the desirability of
disposing the appeal of as expeditiously as possible.
The appeal is disposed of accordingly.
(S.B. SINHA)