HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 2380 of 2011 Petitioner :- The New India Assurance Co. Ltd. Respondent :- Smt. Archana And Others Petitioner Counsel :- Rahul Sahai Respondent Counsel :- Gaurav Singh Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Order on Appeal Admit.
Issue notice.
Order on Stay Application Issue notice.
Notice on behalf of the claimants/respondents No. 1 and 2 has been accepted by Shri Gaurav Singh, Advocate, who has filed caveat on behalf of the said respondents.
Notice will be issued to the remaining 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 Shri Rahul Sahai, learned counsel for the appellant, and Shri Gaurav Singh, learned counsel for the claimants/respondents No. 1 and 2, it is directed that the operation of the impugned Award dated 07.04.2011 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, Bulandshahr.
The amount so deposited by the appellant will be paid/invested as under:
(1) As regards the amount awarded respectively to each of the claimants/respondents No.1 and 2 under the impugned Award, the same will be paid/invested as per the directions given by the Tribunal in the impugned Award.
(2) As regards the amount awarded respectively to each of the parents of the deceased (namely, Smt. Vimlesh and Om Pal Singh), the same will be paid/invested as under:
(a) 50% of the amount awarded respectively to each of such parents will be paid to such parent without furnishing any security.
(b) Balance 50% of the amount awarded respectively to each of such partents will be invested in maximum interest bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the respective name of each of such parents.
The amounts invested in Fixed Deposits, as per the directions given above, will not be permitted to be withdrawn by the aforesaid persons without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits, will be permitted to be withdrawn by the aforesaid concerned persons, as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposits, will continue to be reinvested in the respective Fixed Deposits.
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 may be exchanged between the parties by the next date fixed in the matter.
List on 17th October, 2011.
Order Date :- 13.7.2011 NS