S.D. Agarwala, J.

1. This is an appeal filed under Section 110-D of the Motor Vehicles Act. The facts giving rise to the present appeal are as follows:

2. One Debi Prasad died in motor accident on 26th June 1982 by a Truck No. USM 6273. The widow and the children of Debi Prasad. who are the appellants before this Court, filed a claim petition No. 11 of 1983 before the Motor Accident Claims Tribunal. In this claim petition, the matter was compromised between the parties and it was stipulated that Rs. 5,000/-will be paid by the owner of the truck, who is respondent No. 1, Shee Raj Bahadur Singh and if the owner produces papers in regard to the insurance of the truck in question, the New India Insurance Company Limited will be liable to pay Rs. 20,000/-, who is respondent No. 3. In effect, by the Compromise, the claimants were to get a sum of Rs. 25,000/-.

3. On 31st January, 1987, the court specifically directed respondent No. 1 to supply the details of the insurance. This was not supplied. Ultimately on 5th March, 1987, the following order was passed:

Part of the condition of compromise has not been fulfilled and insurance certificate has not been filed. Therefore, Insurance Company is not liable for payment of any amount on behalf of owner. Consign.

Against this order and the order dated 19-10-1986, the present appeal has been filed by the appellants. The case of the appellants is that in fact, the intention of the compromise was that Rs. 25,000/- will be paid to the claimants. Rs. 5,000/- by the motor owner and in case, the insurance papers are produced by the Motor owner, then Rs. 20,000/- will be realised from the New India Insurance Company Limited and if the papers are not produced, then the entire amount shall be payable by the motor owner.

4. The compromise has been attached as Annexure I to the affidavit of Sheo Kumari. On a reading of the same, as a whole, it is apparent that the matter was compromised on the condition that Rs. 25,000/- will be paid to the claimants. Rs. 5,000/- will be paid by the motor owner and the balance will be paid by the Insurance Company only if the insurance papers k are/produced by the motor owner, otherwise the motor owner will be liable to pay the amount.

5. In the circumstances, the appeal is allowed. The order dated 19th October, 1986 by which the compromise was accepted and the order dated 5th March, 1987 are modified to the extent that since the insurance papers have not been produced by the respondent No. 1 motor owner, he is liable to pay a further sum of Rs. 20,000/- to the appellants. The claim is accordingly decreed for Rs. 25,000/- against respondent No. 1 Shee Raj Bahadur Singh. Parties are directed to bear their own costs.

6. A copy of this order may be given to learned Counsel for the parties within three days on payment of usual charges.