The New India Assurance Co. Ltd. vs Smt. Mamta Devi And 3 Ors.
2013 Latest Caselaw 2590 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1361 of 2013
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Smt. Mamta Devi And 3 Ors.
 
Counsel for Appellant :- Archana Singh
 

 
Hon'ble Rajes Kumar,J.

Supplementary affidavit filed today, the same may be placed on record.

The appellant is the insurer of Truck, bearing registration no. U.P. 78 A.T.-7858. It was the case of the claimants that on 10.8.2009 when the deceased Surendra Singh was driving his own tractor, hit by the said truck from the back side causing grievous injuries to him which ultimately resulted his death. The said allegation has been denied by the Insurance Company and in para-6 of the written statement it is stated that the said truck has been falsely implicated in the accident apart from other plea.

Learned counsel for the appellant submitted that the FIR has been lodged after two years from the date of the accident and even the claim petition has also been filed after two years. The appellant failed to prove the involvement of the tractor in the alleged accident.

Admit.

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

Until further order, the impugned award dated 13.2.2013 and decree dated 13.2.2013 passed by the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No. 20, Kanpur Nagar in M.A.C.P. No. 650 of 2011 shall remain stayed provided the appellant deposits the entire amount of compensation within a period of four weeks. Out of the amount deposited, the claimants shall be entitled to withdraw 50% of the amount on furnishing security in the form of other than cash or bank guarantee and the 50% of the amount shall be kept in 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 :- 22.5.2013

OP