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2000 Supreme(SC) 5
2000(4) Supreme 582
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Trilochan Singh -Appellant
versus
Kanta Devi & Ors. -Respondents
SLP (C) No. (CC) 8821-8822 of 1998
Civil Appeal No. 2 of 2000
(Arising out of SLP (C) No. 19168 of 1998)
Decided on 3-1-2000
IMPORTANT POINT
Where appeal of owner of vehicle stood dismissed for non-depositing statutory amount, Supreme Court in the interest of justice set aside dismissal order on condition of appellant depositing amount fixed by Supreme Court, since Insurance Company had already paid compensation amount to claimants and question of insurance company would arise in case appellant fails in appeal.
Headnote:Motor Vehicles Act, 1988-Appeal-Appeal by owner of vehicle -Dismissal for failure to deposit statutory amount-Appeal-Thereagainst-Insurance Company already paid full amount to claimants-Question of insurance company s realising amount from appellant arises if appellant fails in appeal-Order of dismissal set aside on condition of appellant depositing Rs. 50000 in addition to Rs. 10000 already deposited-Appeal would stood restored on appellant complying with condition. (Para 4)
ORDER
Leave granted.
2. We have heard learned counsel for the appellant as well as the learned counsel for the insurance company which is the main contesting party. By their consent the appeal is being disposed of finally. Rest of the respondent-claimants are already served.
3. The appellant who was the owner of the offending vehicle got his appeal against the award dismissed on account of non-deposit of Rs. 25,000/- which was the statutory requirement for entertaining the appeal.
4. In our view, looking to the facts and circumstances of the case especially when he was a retired army personnel and also in view of the further fact that the respondent insurance company has already paid the full amount to the claimants and the question of insurance company s realising the amount from the appellant in case the appellant fails in his appeal arises for consideration. Interest of justice will be served if the impugned order is set aside on condition that the appellant deposits an amount of Rs. 50,000/- (Rupees Fifty Thousand only) in additional to the already deposited amount of Rs. 10,000/- in the High Court within six weeks from today. Subject to deposit of this additional amount of Rs. 50,000/- by the appellant which will abide by the final result in the appeal, the appeal will be restored to the file of the High Court with a request to proceed with the same in accordance with law on merits in case the appellant deposits the additional amount of Rs. 50,000/- within six weeks from today. If such deposit is not made the appeal will stand dismissed as already ordered to the High Court. We express no opinion on the merits of the case.
5. The Civil Appeal is allowed accordingly with no order as to costs.
SLP (C) Nos......... of 1998 (CC Nos. 8821-8822) :
6. Delay condoned.
7. In view of the aforesaid order in the Civil Appeal these Special Leave Petitions do not survive and are disposed of as such.
(C.R.) Appeal allowed.
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