The New India Assurance Co. Ltd. vs Smt. Vidhya And Others
2012 Latest Caselaw 2338 ALL

Citation : 2012 Latest Caselaw 2338 ALL
Judgement Date : 29 May, 2012

Allahabad High Court

The New India Assurance Co. Ltd. vs Smt. Vidhya And Others on 29 May, 2012

Bench: Rajes Kumar, Anil Kumar Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2231 of 2012
 

 
Petitioner :- The New India Assurance Co. Ltd.
 
Respondent :- Smt. Vidhya And Others
 
Petitioner Counsel :- Saurabh Srivastava
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

The only argument of learned counsel for the appellant is that the deceased was unmarried and, therefore, in view of the decision of the Apex Court in the case of Smt. Sarala Verma and others Vs. Delhi Transport Corporation and another, reported in 2009 (2) TAC, 677, the deduction should be 50% while the Tribunal has deducted 1/3rd only.

Admit.

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 execution of the award dated 21.3.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge 5th, Banda Etawah in M.A.C. No. 287/70/09, Smt. Vidhya and others Vs. Pradeep Singh and others, shall remain stayed provided the appellant deposits the entire amount of award within four weeks. Out of the total amount deposited, 75% 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 four weeks.

Order Date :- 29.5.2012