RAM KISHAN Vs. SHIV RAM

JUDGEMENT

(1.) HEARD Sri R. K. Porwal learned Counsel for the appellant and have gone through the record.

(2.) ALL the above three appeals have been filed against common judgment and award dated 3 -2 -05 passed by the Motor Accident Claims Tribunal Etawah (Spl. Judge D.A.A.) in Motor Accident Claim Case No. 342 of 1993, Sheo Ram v. Ram Kishan, whereby an award of Rs. 27,000/ - alongwith interest @ 6% per annum has been made in favour of Sheo Ram, Motor Claim Case No. 311 of 1993 Santosh Kumar v. Ram Kishan wherein an award of Rs. 13,000/ - alongwith 6% interest has been made in favour of Santosh Kumar, in Motor Claim Case No. 343 of 1993, Kishan Singh v. Ram Kishan, wherein an award of Rs. 15,000 alongwith 6% interest has been made in favour of Shri Krishan. In all these Claim Petitions award has been made against the owner of the vehicle Ram Kishan who is appellant in this case but a direction has been made that Opposite Party No. 2 the New India Assurance Company, Etawah will make payment of the amount of award to the award holders -respondents -claimants and the Insurance Company may recover it from owner of the vehicle who is appellant in this case. Objection of Stamp reporter in all the three above appeals is being decided by a common order.

(3.) THE Stamp Reporter Section of this Court has raised objection that the provision of the proviso clause of Section 173 of the Motor Vehicles Act has not been complied with by the appellants in these appeals. Amount awarded is less than Rs. 50,000 therefore half of the amount of the award including interest is to be deposited before the Appeal is entertained.