Case: Trilochan Singh Vs. Kanta Devi and Others

Civil Appeal No. 2 of 2000 (arising out of SLP (C) No. 19168 of 1998) 1. Leave granted. 2. We have heard learned counsel for the appellant as well as the learned counsel for the Insurance Company which is the main contesting party. By their consent the appeal is being disposed of finally. Rest of the respondent claimants are already served. 3. The appellant who was the owner of the offending vehicle got his appeal against the award dismissed on account of non-deposit of Rs. 25, 000/- which was the statutory requirement for entertaining the appeal. 4. In our view, looking to the facts and circumstances of the case especially when he was a retired army personnel and also in view of the further fact that the respondent Insurance Company has already paid the full amount to the claimants and the question of the Insurance Companys realising the amount from the appellant in case the appellant fails in his appeal arises for consideration, interest of justice will be served if the impugned order is set aside on the condition

Decision reasoning: 0[ds]In our view, looking to the facts and circumstances of the case especially when he was a retired army personnel and also in view of the further fact that the respondent Insurance Company has already paid the full amount to the claimants and the question of the Insurance Companys realising the amount from the appellant in case the appellant fails in his appeal arises for consideration, interest of justice will be served if the impugned order is set aside on the condition