National Insurance Co. Ltd. vs Smt. Ranjana Srivastava And ...
2012 Latest Caselaw 1311 ALL

Citation : 2012 Latest Caselaw 1311 ALL
Judgement Date : 3 May, 2012

Allahabad High Court

National Insurance Co. Ltd. vs Smt. Ranjana Srivastava And ... on 3 May, 2012

Bench: Rajes Kumar, Anil Kumar Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1766 of 2012
 

 
Petitioner :- National Insurance Co. Ltd.
 
Respondent :- Smt. Ranjana Srivastava And Another
 
Petitioner Counsel :- Vinay Khare
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

The contention of the appellant is that there is breach of the Insurance policy and, therefore, the appellant is not liable for the payment of compensation and the owner of the vehicle is only liable for payment of compensation.

The matter requires consideration.

Issue notice to the respondents returnable at an early date. The appellant may take steps to serve the respondents by ordinary post as well as by registered post.

Until further orders of this Court, the operation of the impugned award dated 9.1.2012 passed by the Motor Accident Claims Tribunal / Additional District Judge, Court No. 12, District Allahabad in M.A.C.P. case no. 759 of 2008, Smt. Ranjana Srivastava Vs. Sahdeo Prasad Yadav and another, shall remain stayed provided the appellant deposits the entire amount of award along with interest within a period of six weeks. Out of the aforesaid amount, the claimants shall be entitled to withdraw 50% without security and remaining 50% on furnishing of security other than cash or bank guarantee. Any amount already deposited shall be given adjustment. The Registry is directed to remit the statutory amount to the concerned Tribunal within three weeks.

Order Date :- 3.5.2012