JUDGMENT

I. M. QUDDUSI, J. — Heard learned counsel for the parties. Although this Letters Patent Appeal was listed for orders, with the consent of the learned counsel for the parties, it was taken up for final hearing and is being disposed of by this judgment.

2. The judgment and order dated 10.08.2001 passed by the learned Single Judge in M.A. No.203/2000 dismissing the appeal subject to the observation and direction that a sum of Rs.25,000/- which was kept in fixed deposit, be transmitted to the Claims Tribunal with accrued interest and the insurance company was to deposit the balance amount before the Claims Tribunal is impugned in this appeal. By way of an interim order in this appeal this Court has directed that out of the compensa¬tion awarded an amount of Rs.10,000/- shall be paid to the in¬jured and the balance amount of Rs.1, 50,000/- together with the interest as directed by the Tribunal be deposited with the Registrar (Judl.) of this Court within two weeks and upon deposit of such amount of Rs.1, 50,000/- this Court shall invest the said amount in a fixed deposit for a period of one year to be renewed from time to time till disposal of the LPA.

3. The brief facts of the case are that an application under Section 166 of the Motor Vehicles Act was filed before the Motor Accident Claims Tribunal, Cuttack on behalf of injured Jotirmayee alias Ranu Rout (minor), aged about seven years by her parents with the allegation that on 16.6.1997 at about 2.30 P.M. while the injured was standing on the left side of N.H.5, at Bandal Chhak facing Cuttack side waiting for a bus, at that time a truck bearing registration No.OR-05-E-0782 coming from Chhatia side in high speed without blowing horn suddenly turned to its extreme right in order to overtake another truck and coming on the earthen plank of the road dashed against the inured from her front side for which she sustained bleeding injuries on her person and her left thigh was completely fractured into pieces. She was taken to S.C.B. Medical College and Hospital, Cuttack for treatment. As her injury could not be cured even after careful expensive treatment, on the advice of the doctor her left leg above the knee was amputated. The application claiming compensa¬tion was registered as M.V Misc. Case No.608 of 1997 before the M.A.C.T. and was disposed of by judgment dated 25.9.1999 awarding a compensation of Rs.1, 60,000/- with direction to the Insurance Company to pay the same to the injured through her father and mother within one month with interest at the rate of 9% per annum from the date of application i.e., 28.7.1997, failing which the petitioners would be at liberty to realize the same along with interest at the rate of 12% per annum till realization, from the instant appellant, i.e., New India Assurance Company Ltd. It was further directed that the amount of compensation would be kept in fixed deposit in any Nationalized Bank in the name of the injured till the end of her life and the monthly accrued interest be paid to her through parents till her attaining majority and therea¬fter, the same would be paid to the inured herself. Besides, a cost of Rs.500/- was awarded against the appellant Insurance Company. It was further directed that neither the parents nor the injured herself after attaining the age of majority, can withdraw the said fixed deposit of Rs. 1,60,000/- till the end of the life of the injured.

4. Being aggrieved the Insurance Company, which is the instant appellant filed M.A. No.203 of 2000 in this Court. The said M.A. was dismissed by the Learned Single Judge, vide im¬pugned judgment dated 10.8.2001. Feeling aggrieved, the instant Letters Patent Appeal has been field.

5. Having heard the learned counsel for the parties, we have come to the conclusion that the award of the MACT suffers from some legal infirmities and the same is liable to be modi¬fied. However, since the learned Single Judge having dismissed the said appeal, we consider it as a fit case whe