- (1.) AN accident took place on 22.1.1990 at 21:30 hours between Ambassador Car No. UP 31/9005 (the Car) and Truck No. DEL/5834 (the Truck). In this accident, one person, namely, Devendra Pal Singh died and three persons, namely, Rashid Khan, Chhanga Khan and Rajesh Tripathi were injured. The injured and the heirs of the deceased filed three claim petitions: MACP No. 45/1990 was filed by the heirs of Devendra Pal Singh for compensation. MACP No. 63/1990 was filed by Rashid Khan and Chhanga Khan and for compensation. They are father and son. (During the pendency of the claim petition, Rashid Khan died and his heirs were substituted). MACP No. 64/1990 was filed by Rajesh Tripathi for compensation on the injuries.
(2.) THE aforesaid three claim petitions were taken together and were allowed by MACT/3rd Additional District Judge, Shahjahanpur (the Tribunal) on 31.5.1996 and the entire liability was fixed on the insurer of the truck.
(3.) THE insurer of the truck filed three appeals: FAFO No 708/1996 was filed against the award in MACP No 63/1990. FAFO No 709/1996 was filed against the award in MACP No 45/1990. FAFO No 707/1996 was filed against the award in MACP No 64/1990. The FAFO No 708/1996 and FAFO No 709/1996 were dismissed at the admission stage on 18.9.1996 and 17.9.1996 respectively. However, FAFO No 707/1996 was admitted on 18.9.1996 and the following interim order was granted in the same: Issue notice. Until further orders, operation of impugned order dated 31.5.96 passed by Motor Accidents Claim Tribunal in so far as the award related to M.A.C.P. No. 64 of 1990, will remain stayed, provided the appellant deposits the entire amount of such impugned award with the claims tribunal within six weeks from today. 50% of the amount of such deposit may be withdrawn by respondent No. 1 and the remaining amount will be invested by the tribunal in a most advantageous interest bearing scheme in its own name within three weeks from the date of such deposit. Statutory deposit made by the appellant will be remitted to the claims tribunal for being adjusted. ;