Smt. Sushila Devi vs Smt. Pramila Singh And 7 Others
2013 Latest Caselaw 3416 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1673 of 2013
 

 
Appellant :- Smt. Sushila Devi
 
Respondent :- Smt. Pramila Singh And 7 Others
 
Counsel for Appellant :- Gulab Chandra
 
Counsel for Respondent :- Ram Singh
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the appellant states that vehicle no. U.P. 70 W/8336, owned by the appellant, was not involved in the accident; deceased Anil Kumar was not the driver of the said vehicle. No evidence has been adduced in this regard by the claimants. He further submitted that the vehicle was insured with the Oriental Insurance Company Ltd. The issue no. 3 in this regard has been decided in favour of the appellant and still the liability has been fastened on the appellant, while in case if the liability remains, the same shall be payable by the Insurance Company. Therefore, although, the entire amount of compensation has been paid but the same should not be released in favour of the claimants.

The matter requires consideration.

Sri Ram Singh, Advocate, appears on behalf of respondent nos. 1 to 7. Issue notice to respondent no. 8. The appellant may take steps to serve the respondent no. 8 by registered post.

Meanwhile, out of the amount deposited, a sum of Rs.1,00,000/- shall be released in favour of the claimants as per the direction given in the impugned order and the balance amount shall be kept in a fixed deposit scheme in a Nationalized bank yielding maximum interest.

Order Date :- 1.7.2013

OP