The New India Assurance Co. Ltd. vs Smt. Suman Devi And Others
2012 Latest Caselaw 1064 ALL

Citation : 2012 Latest Caselaw 1064 ALL
Judgement Date : 30 April, 2012

Allahabad High Court

The New India Assurance Co. Ltd. vs Smt. Suman Devi And Others on 30 April, 2012

Bench: Rajes Kumar, Anil Kumar Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1693 of 2012
 

 
Petitioner :- The New India Assurance Co. Ltd.
 
Respondent :- Smt. Suman Devi And Others
 
Petitioner Counsel :- Ajay Singh
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

The contention of the appellant is that the deceased was plying the vehicle on a wrong side and he was in drunken stage and, therefore, the contributory negligence should be taken at least 50% while the Tribunal has taken negligence of the driver only 30%.

There appears to be substance in the argument of learned counsel for the appellant.

Issue notice to the respondents. The appellant may take steps to serve the respondents by ordinary post as well as by registered post.

List in the week commencing 9.7.2012.

Meanwhile, the operation and effect of the judgment and award dated 10.2.2012 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 14, Aligarh in M.A.C.P. No. 406 of 2009, Smt. Suman Devi and others Vs. Smt. Saroj Singh and others, shall remain stayed provided the appellant deposits the entire amount of award within four weeks. Out of the total amount deposited, 50% only shall be paid to the claimants and the balance amount shall be kept in a Nationalized bank yielding maximum interest. Any amount already deposited shall be given adjustment. The Registry is directed to remit the statutory amount to the concerned Tribunal within two weeks.

Order Date :- 30.4.2012