Madhya Pradesh High Court
United India Insurance Co.Ltd. vs Smt.Geeta Yadav on 14 December, 2015
1
MA. No. 1171/2014
14.12.2015
Shri R.V. Sharma, learned counsel for the
appellant.
Ms. Meena Singhal, learned counsel for the
respondents No. 1 to 6/claimants.
Heard on I.A No. 4295/2015, an application under Order 5 Rule 20 of CPC r/w section 169 of Motor Vehicle Act for service of notice to the respondent No. 8 by publication.
Office report indicates that notice issued to respondent No. 8 has received back for want of correct address.
For the reasons assigned in the application, which is duly supported by an affidavit, I.A No. 4295/2015 stands allowed.
Learned counsel for the appellant is permitted to effect service of notice on the respondent No. 8 by publication in the Dainik Bhaskar daily news paper.
Also heard on I.A No. 499/2015, an application for payment of entire compensation awarded by the Tribunal to the respondents No. 1 to 6, which has been deposited by the appellant in the claims Tribunal.
Learned counsel for the respondents No. 1 to 6submits that not a single penny has been disbursed to 2 MA. No. 1171/2014 the respondents No. 1 to 6 who are enable to meet their both ends need.
On the other hand, learned counsel for the appellant submits that this Court may deem fit to permit the respondents No. 1 to 6 to disburse 50% of the awarded amount subject to furnishing of security to the satisfaction of claims Tribunal.
In view of aforesaid submission, it is directed that 50% of the awarded amount shall be disbursed to the respondents No. 1 to 6 subject to furnishing of security to the satisfaction of claims Tribunal. To the aforesaid extent, Ad-interim order dated 11/12/2014 is modified.
Accordingly I.A No. 499/2015 is disposed of. Cross objections filed vide I.A No. 500/2015 shall be considered at the time of final hearing.
List this matter for final hearing as per final hearing listing policy.
Certified copy as per rules.
(Alok Aradhe) Judge Durgekar*