National Insurance Co. Ltd vs Kaushal Prasad Sahu And Ors. 127 ... on 11 January, 2018
2005 SCC (Cri) 357] should not be followed,
more so in a peculiar fact situation of this case. In
the present case, the accident occurred in 1993.
At that time, the claimant was 28 years old. He is
now about 48 years. The claimant was a driver on
heavy vehicle and due to the accident he has been
rendered permanently disabled. He has not been
able to get compensation so far due to the stay
order passed by this Court. He cannot be
compelled to struggle further for recovery of the
amount. The Insurance Company has already
deposited the entire awarded amount pursuant to
the order of this Court passed on 1-8-2011
[National Insurance Co. Ltd. v. Saju P. Paul
[National Insurance Co. Ltd. v. Saju P. Paul,
(2013) 2 SCC 41, 55 (footnote 14)] ] and the said
amount has been invested in a fixed deposit
account. Having regard to these peculiar facts of
the case in hand, we are satisfied that the
claimant (Respondent 1) may be allowed to
withdraw the amount deposited by the Insurance
Company before this Court along with accrued
interest. The Insurance Company (the appellant)
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:25.01.2023
17:39:36
thereafter may recover the amount so paid from
the owner (Respondent 2 herein).