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CASE NO.: Appeal (civil)  1868 of 2008

PETITIONER: U.P. State Road Transport Corporation

RESPONDENT: Compotar

DATE OF JUDGMENT: 10/03/2008

BENCH: Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT: J U D G M E N T  

CIVIL APPEAL NO  1868 OF 2008 (Arising out of SLP (C) 25771/2007)

Dr. ARIJIT PASAYAT, J.

1.      Leave granted.

2.      Challenge in this appeal is to the order passed by a  Division Bench of the Allahabad High Court directing the  appellant to deposit the entire amount awarded by the Motor  Accident Claims Tribunal/Special Judge, Mathura in MACC  No. 431 of 2005.  It was directed that the amount was to be  invested and paid to the claimant\026respondent No.1 in  accordance with the directions of the Tribunal.

3.      Learned counsel for the appellant submitted that a  detailed, frivolous and false claim was lodged.  It was  submitted that a bare look at the factual scenario would go to  show that the claim has no foundation.  The accident  purportedly took place on 24.12.2000, the FIR was lodged on  31.5.2001 and in December, 2005 a Claim Petition claiming  compensation under  provisions of Motor Vehicles Act, 1988  (in short the ’Act’) was filed.

4.       Overlooking these facts, Tribunal awarded compensation  of Rs.8,11,351/- alongwith interest at the rate of 6%  from the  date of filing of the claim petition till the date of actual  payment.  While admitting the appeal the High Court,  according to the appellant should not have directed deposit of  the entire amount and should not have permitted the claimant  to be paid the amount of deposit.

5.      Notice has not yet been issued in this matter but we feel  that the impugned order of the High Court is practically  unreasoned and no reason has been indicated as to why the  High Court felt that the amount was to be paid to the claimant  on deposit.  Therefore, we direct the High Court to re consider  the matter and pass fresh order.

6.      We have passed this order to avoid unnecessary delay  and inconvenience to the parties.

7.      The appeal is accordingly disposed of.