IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 4769   OF 2008

[Arising out of SLP(C) No.8300/2007]

MOHAMMAD JALIL ... APPELLANT(S)

:VERSUS:

LALMANI DEVI AND ORS. ... RESPONDENT(S)

O R D E R

Nobody appears on behalf of the respondents despite service of notice.

Leave granted.

This appeal is directed against the judgment and order dated 3.4.2007 passed

by a Division Bench of the High Court of Judicature at Allahabad in F.A.F.O. No. 898

of 2007 whereby and whereunder the High Court, while admitting the appeal of the

appellant,  directed  the  appellant  who  is  the  owner  of  the  vehicle,  to  deposit  the

awarded amount of Rs.  2,90,800/- along with interest accrued thereon till  the said

date, within a period of one month therefrom.

The contention of the appellant is that the question involved in the appeal

before the High Court was as to whether the vehicle in question was at all involved in

the accident or not and in that view of the matter, until  a finding is arrived at in

favour of the respondents,  the question of the appellant incurring any liability  for

payment of compensation for the death of the deceased would not arise.      

-2-

By an order dated 14.5.2007,  this  Court while  issuing notice directed the

appellant to deposit 50% of the awarded amount.     

It is stated by Mr. Anis Ahmed Khan, learned counsel for the appellant that

the said order has been complied with.  In that view of the matter, we set aside the

impugned order directing the appellant to deposit the entire awarded amount with

interest, and that the amount so deposited by the appellant may be invested in a fixed

deposit  account  with  a  nationalised  bank.  The  said  amount  along  with  interest

accrued thereon shall enure to the benefit of the successful party.  

We,  however,  request  the  High  Court  to  considier  the  desirability  of

disposing the appeal of as expeditiously as possible.

The appeal is disposed of accordingly.  

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, AUGUST 1, 2008.