Virendra Kumar And Another vs The Oriental Insurance Co. Ltd. ...
2011 Latest Caselaw 3222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2563 of 2011
 

 
Petitioner :- Virendra Kumar And Another
 
Respondent :- The Oriental Insurance Co. Ltd. And Others
 
Petitioner Counsel :- A.K. Trivedi,Ratan Lal 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 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 Shri A.K. Trivedi, learned counsel for the appellants, it is directed that the operation of the impugned Award dated 29.04.2011 will remain stayed until further orders of the Court, provided within three months from today, the appellants deposit the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal, Chitrakoot.

    The amount so deposited by the appellants will be paid/invested as per the directions given by the Tribunal in the impugned Award.

    The amounts, invested in Fixed Deposits, as per the directions given by the Tribunal in the impugned Award, will not be permitted to be withdrawn by the claimants/respondents without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits, will be permitted to be withdrawn by the concerned claimants/respondents, as and when the same accrues.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 appellants while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellants, as directed above.

    In the event of default on the part of the appellants 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 22nd December, 2011.

Order Date :- 28.7.2011

NS