11 August 2008
Supreme Court
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YOGENDER CHAND Vs UNITED INDIA INSURANCE CO.LTD.

Bench: S.B. SINHA,AFTAB ALAM, , ,
Case number: C.A. No.-005039-005039 / 2008
Diary number: 23507 / 2006
Advocates: RAMESHWAR PRASAD GOYAL Vs


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IN THE SUPREME COURT OF INDIA CIVIL  APPELLATE  JURISDICTION

CIVIL APPEAL NO. 5039  OF 2008

[Arising out of SLP(C) No. 15936/2006]

YOGENDER CHAND AND ANR. ... PETITIONER(S) :VERSUS:

UNITED INDIA INSURANCE CO. LTD. AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that

keeping in view the fact that the Insurance Company has already deposited the entire

amount awarded and had initiated a separate proceeding for recovery thereof from

the  owner  of  the  vehicle,  it  was  not  necessary  for  the  High  Court  to  direct  the

appellant also to deposit the awarded amount. The impugned order is, therefore, set

aside.

However,  the  recovery  proceedings  initiated  by  the  Insurance  Company

against the owner of the vehicle shall continue.   

We request the High Court to consider the desirability of disposing of the

appeal  preferred by the appellant  as expeditiously  as possible,  preferably  within a

period of six months from the date of receipt of a copy of this order.  

The appeal is disposed of on the above terms.  

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

..........................J   (AFTAB ALAM) NEW DELHI, AUGUST 11, 2008.