JUDGMENT :

Shri S. N. Gajendragadkar, Counsel for the appellant.

Smt. Meena Singhal, Counsel for the respondent No. 1.

Shri T. C. Narwariya, Counsel for the respondents No. 2 and 3.

This miscellaneous appeal under section 173 of Motor Vehicles Act has been filed against the award dated 4-12-2009 passed by 13th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 44/2009 by which an amount of Rs. 1,53,700/- has been awarded against the appellant as well as the respondents No. 2 and 3 along with interest @ 6% per annum from the date of filing of the claim petition and it has been directed that an amount of Rs. 50,000/- shall be deposited in the FDR of any Nationalized Bank and the remaining amount be paid to the claimant by account payee cheque. It has also been directed that if any interim amount has been paid, then the same shall be adjusted in the final compensation amount and the appellant has also been held liable to make payment of compensation amount.

2. Challenging the award passed by the Claims Tribunal, the counsel for the appellant submitted that the appel