The Oriental Insurance Company ... vs Anil Kumar And Others Ygistrate, ...
2011 Latest Caselaw 4214 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2955 of 2011
 

 
Petitioner :- The Oriental Insurance Company Ltd.
 
Respondent :- Anil Kumar And Others Ygistrate, Kanpur Nagar And Another
 
Petitioner Counsel :- Arun Kumar Shukla
 
Respondent Counsel :- Nitin Gupta
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Yogesh Chandra Gupta,J.

Order on Appeal

    Admit.

    Issue notice.

    Notice on behalf of the claimant/respondent Nos. 1 and 2 has been accepted by Shri Nitin Gupta, 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.

Order on Stay Application

    Issue notice.

    Notice on behalf of the claimant/respondent Nos. 1 and 2 has been accepted by Shri Nitin Gupta, 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 Arun Kumar Shukla, learned counsel for the appellant, and Shri Nitin Gupta, learned counsel for the claimant/respondent Nos.1 and 2, it is directed that the operation of the impugned Award dated 26.05.2011 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, Ghaziabad.

    The amount so deposited by the appellant will be paid/invested as under:

    (1) Out of the amount so deposited, Rs. 3 lacs 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    The amount, invested in Fixed Deposit, as per the directions given above, will not be permitted to be withdrawn by the claimant/respondent No.1 without leave of this Court.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 may be exchanged between the parties by the next date fixed in the matter.

    List on 16th January, 2012.

Order Date :- 30.8.2011

NS