Judgment:
S.B. Wad, J.
1. This appeal is pending in this Court since long. The execution of the Award bad been stayed by order dated 19-3-80 and the relief is yet to reach the claimants. I am, thereforee, disposing of the appeal on merits even though counsel for the parties are not present.
2. This appeal is filed by the owner of vehicle No. DMG 503, which caused death of Smt. Chander Sobti on 18-4-73. On evidence the Tribunal found that the vehicle in question was responsible for causing the accident and, thereforee, the death. The Tribunal awarded a sum of Rs. 19,440/- to petitioners 2 & 3 before the Tribunal. The Tribunal also awarded future interest @ 9 per cent per annum from the date of award till the date of realisation.
3. In the present appeal the appellant has challenged both the liability for the accident and the quantum. Counsel for respondent No. 6 has taken me through the evidence on record. The plea of the owner of the vehicle that the driver at the relevant time was not doing the duty and the accident did not take place in the scope of his employment is not supported by any evidence on record. The Tribunal has correctly considered the evidence on record, including the oral evidence and the site plan as well as the evidence of the I.O. The finding of the Tribunal in regard to the negligence of the driver of the offending vehicle is clearly supported by the evidence. The appellant has not shown as to how the said finding is perverse or contrary to law. The submission of the appellant in this regard is rejected.
4. As regards the quantum the Tribunal was quite reasonable in holding that the deceased was earning about Rs. 300/- per month and was contributing Rs. 200/- per month towards the family. I, thereforee, confirm the finding of the Tribunal in regard to the quantum. There is no merit in the appeal. The appeal is dismissed.
5. The tribunal had directed that petitioner Nos. 2 & 3 before it/claimants being minors, the amount of compensation should be deposited in fixed deposit for a period till they come up age. When the present appeal was admitted, this Court directed the stay of the said order of the Tribunal, but further directed that the appellant shall furnish a bank guarantee for the amount awarded and two years interest. From the record it is seen that the appellant had given a bank guarantee in the sum of Rs. 23,000/-. The claimants are entitled to in en cash the bank guarantee and the Bank is directed accordingly. If, however, the bank guarantee is not renewed after 12-5-81 (the date of the last order on the file in this regard) the claimants shall be entitled to recover the said amount from the appellant. Further, if the bank guarantee is not renewed after 12-5-81 the claimants would be entitled to simple interest @ 9 per cent per annum from January 1982 till today.