The New India Assurance Co. Ltd. vs Nagina Rajbhar And 2 Others
2013 Latest Caselaw 3505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1704 of 2013
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Nagina Rajbhar And 2 Others
 
Counsel for Appellant :- V.C. Dixit
 

 
Hon'ble Rajes Kumar,J.

The appellant is insurer of Truck, bearing registration no. U.P. 61 J/5945.

In an accident which occurred on 3.9.2011 between the Truck, bearing registration no. U.P. 61 J/5945 and Tata Sumo, bearing registration no. 21A/8847, some persons sustained injuries, out of which two died.

The submission of learned counsel for the appellant is that the accident took place on account of contributory/composite negligence of drivers of both the vehicles while the liability has been fastened on the owner of the Truck. He further submitted that perusal of the driving licence reveals that it was valid upto 8.1.2010 and by manipulation it has been shown to have been extended upto 28.3.2013. The copy of the two driving licenses are annexed along with an affidavit.

Admit.

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

Until further order, the operation of the impugned judgment and award dated 7.3.2013 passed by the Special Judge (SC/ST) Act/Motor Accident Claims Tribunal, Ghazipur in M.A.C.P. No. 83 of 2011 (Nagina Rajbhar Vs. The New India Assurance Co. Ltd. and others) shall remain stayed provided the appellant deposits the entire amount of compensation within one month. Out of the amount deposited, 50% shall be released in favour of the claimant and 50% of the amount shall be kept in a fixed deposit scheme in a Nationalized Bank, yielding maximum interest. Any amount already deposited shall be given adjustment.

Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.

Order Date :- 2.7.2013

OP