V.S.Aggarwal, J.

1. The New India Assurance Co. Ltd. (hereinafter described as the appellant) challenges the award of the Motor Accidents Claims Tribunal, Ambala dated 1.3.1997. By virtue of the impugned award the learned Tribunal had allowed the petition filed by Charanjit Singh (respondent injured). It was held that the respondent is entitled to receive Rs. 2,50,000 from the appellant and the respondent No. 2 before the Tribunal along with interest at the rate of 12 per cent per annum from the date of filing of application till the actual recovery. The appellant and respondent No. 2 before the Tribunal were held jointly and severally liable to pay the amount of compensation. It has further been directed that amount of compensation shall be deposited in a scheduled bank in a fixed deposit for a period of five years and paid to the respondent thereafter. He could only withdraw the amount with permission of the court.

2. Relevant facts are that on 25.10.1993 at about 4.00 p.m., the respondent along with one Parkash Singh was going from Pinjore to Parwanoo. They were driving through the Bazar of Kalka on a scooter bearing No. CH-01-H-2911. The respondent was on the pillion. W