- (1.) THE appellant is the owner of one Commander Zeep which was involved in the accident. On the unfateful day of accident while the deceased was walking near his house in Ranchi -Patna Road the aforementioned Zeep being driven in a rash and negligent manner dashed the deceased who sustained severe injuries and succumbed to the injuries in the hospital. After the accident the driver of the Commander Zeep fled away. The claimants filed an application for compensation. The claimants who are the widow, one son and three minor daughters, have stated that the deceased was aged 44 years and was earning Rs. 5000/ - per month. The Tribunal awarded a sum of Rs. 3,90,760/ - by way of compensation.
(2.) AGGRIEVED by the aforesaid judgment and award the owner has filed this appeal challenging the quantum of compensation awarded by the Tribunal. According to appellant the amount of compensation is on the higher side. When the appeal was taken up for hearing, on 12.06.2008 the appellant was directed to produce the Insurance Policy in order to show as to whether the vehicle was covered under a valid Insurance Policy. On the next day i.e. on 29.08.2008, this Court further heard the matter and issued notice to the respondents with a direction to the appellant to deposit a sum of Rs. 1,00,000/ - (One lac) to be paid to the respondents to enable them who are starving due to the death of their bread -earner. Instead of complying the direction of this Court, one Interlocutory Application has been filed being I.A. No. 3109 of 2008 for modification of the aforesaid order dated 29.08.2008 on the ground hat the appellant is not in a position to deposit the amount.
(3.) LEARNED counsel appearing for the appellant submitted that the appeal be decided on its merit.;