DBSA NO.40/2000. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R D.B. SPECIAL APPEAL NO.40/2000. IN S.B. CIVIL MISC.APPEAL NO.2069/1998 (defect). National Insurance Company Ltd. Vs. Om Prakash & Ors. Date of order : 20/10/2010. HON'BLE Mr.JUSTICE ARUN MISHRA HON'BLE Mr.JUSTICE MOHAMMAD RAFIQ Shri Tej Prakash Sharma for the appellant. Shri S.K. Sharma for the respondents. ****** This intra-court appeal has been filed against the decision given by the learned Single Bench dismissing appeal vide order dated 7/7/1999 on the ground that mandatory deposit under Section 173 has not been made by the insurer. Counsel for the appellant also submitted that on merits, they have good case because driver was not holding driving license and premium was not received by the insurer. However, counsel has conceded that evidence could not be adduced by the insurer so as to prove the aforesaid facts. We have gone through the award and we find that for amputation of right leg, Rs.2 lacs and in DBSA NO.40/2000. 2 all Rs.2.50 lacs has been awarded by the Claims Tribunal as the insurer has failed to adduce evidence so as to prove the aforesaid defense. Obviously therefore, award of the Tribunal could not have been faulted. Even if amount was attached and was paid during the proceedings of recovery, that does not change the complexion of the case. No case is made out for interference with the award of the Tribunal. Appeal is dismissed. (MOHAMMAD RAFIQ), J. (ARUN MISHRA), J. anil/-