HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1783 of 2011 Petitioner :- The New India Assurance Co. Ltd. Respondent :- Shivam Tripathi And Another Petitioner Counsel :- Amit Manohar Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Order on Appeal Sri Amit Manohar, learned counsel for the appellant, states that despite his best efforts, he has not been able to find out as to whether the claimant/respondent no.1 has filed any appeal against the impugned Award. Admit.
Issue notice.
Order on Stay Application Issue notice.
Notice will be issued to the respondents by Registered Post A.D. fixing the next date fixed in the matter. Requisite steps will be taken within three weeks.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having considered the submissions made by Sri Amit Manohar, learned counsel for the appellant, it is directed that the operation of the impugned Award dated 14.02.2011 will remain stayed until further orders of the Court, provided within six weeks from today, the appellant deposits the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal, Kanpur Nagar. The amount so deposited by the appellant will be paid/invested as under:
(1) Out of the amount so deposited, Rs.1 lac will be paid to the claimant/respondent no.1 without furnishing any security. (2) Balance amount of the deposit, will be invested in maximum interest-bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the name of the claimant/respondent no.1. The amount invested in Fixed Deposit as per the directions given above, will not be permitted to be withdrawn by the claimant/respondent no.1 without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposit will be permitted to be withdrawn by the claimant/respondent no.1 as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposit, will continue to be reinvested in such Fixed Deposit. The amount of Rs.25,000/- deposited by the appellant while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellant, as directed above. In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated. Counter Affidavit and Rejoinder Affidavit if not already exchanged, may be exchanged between the parties by the next date fixed in the matter. List on 21.12.2011.
Order Date :- 9.8.2011 NS