DR.KAUSHAL JAYENDRA THAKER,J. - (1.) By way of this appeal, the Insurance company has felt aggrieved by the judgment passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 8, Kanpur Nagar, in MACP No. 231 of 2001 vide judgment and decree dated 27.11.2004.
(2.) The facts of the case are as under: A claim petition, claiming a sum of Rs. 14,10,000/- was filed for the death of one Sri Shiv Managal Singh when he was coming back by sitting on the mudguard of the Tractor which was being taken for agricultural use, the accident occurred on 5.2.2001 and he scummed to the injuries. The Tribunal awarded a sum of Rs. 1,89,000/- with interest to be recovered from the Insurance company with recovery rights. The Insurance company has challenged the award on the ground of breach of policy conditions. However, while admitted this appeal, following order dated 11.2.2005 came to be passed:- "List of fresh cases has been revised. We have heard learned counsel for the appellant. Counsel for the caveator respondent is present. Admit. Issue notice. Until further orders of this Court the execution of award dated 27.11.2004 passed by the Motor Accident Claims Tribunal, Kanpur Nagar, in MACP No. 231 of 2001 shall remain stayed provided the appellant deposits the entire amount awarded before the Tribunal along with interest within a period of two months from today. Out of the amount deposited by the appellant, half of the amount shall be paid to the claimants/respondents without any security. The remaining half of the amount shall be deposited by the Motor Accident Claims Tribunal, Kanpur Nagar, in some interest bearing fixed deposit of any nationalised bank. The Tribunal shall get the fixed deposit receipts renewed from time to time till final disposal of this appeal. The amount of Rs. 25,000/- deposited by the appellant in this court under section 173 of the Motor Vehicles Act, 1988 shall be remitted by the Registry to the Motor Accident Claims Tribunal, Kanpur Nagar, within one month and shall be included in the amount to be paid by the appellant to the claimants/respondent. Office is directed to submit report about the compliance of this order."
(3.) This order has remained in force and, therefore, this appeal is taken for final disposal.;