The New India Assurance Co. Ltd. vs Smt. Rama Agrawal And Others
2012 Latest Caselaw 1933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2013 of 2012
 

 
Petitioner :- The New India Assurance Co. Ltd.
 
Respondent :- Smt. Rama Agrawal And Others
 
Petitioner Counsel :- Saral Srivastava
 
Respondent Counsel :- Shesh Kumar
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

Heard learned counsel for the appellant and Sri Shesh Kumar, learned counsel appearing on behalf of respondent nos. 1, 2 and 3.

Learned counsel for the appellant submitted that the accident took place on 27.8.2008 which is relevant to the assessment year 2009-10. In support of the claim of income, the claimants filed the income tax return only for the assessment year 2005-06 but no details of further assessment years have been furnished and, therefore, the Tribunal has erred in taking the income at Rs.1,02,530/-.

Admit.

Issue notice to respondent nos. 4 and 5. 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 effect and operation of the impugned judgment and order dated 13.2.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 9, Bareilly in M.A.C.P. no. 647 of 2008 (Smt. Rama Agrawal and others vs. New India Assurance Company Ltd. and others), shall remain stayed provided the appellant deposits 80% of the amount of compensation awarded by the Tribunal within four weeks. Out of the total amount deposited, the claimants shall be entitled to withdraw 60% of the amount as per the direction given by the Tribunal and the remaining 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 four weeks.

Order Date :- 18.5.2012

OP