United India Insurance Co. Ltd. vs Smt. Malti And 4 Ors.
2013 Latest Caselaw 2683 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1419 of 2013
 

 
Appellant :- United India Insurance Co. Ltd.
 
Respondent :- Smt. Malti And 4 Ors.
 
Counsel for Appellant :- Vishesh Kumar Gupta
 

 
Hon'ble Rajes Kumar,J.

The appellant is the insurer of Tempo, bearing registration no. U.P. 78 N/1659. It is the contention of the appellant that no accident took place by the said vehicle and, therefore, the claim petition is based on a false story. He further submitted that as per the accident and the first information report, Form 54 has been issued by the registering authority. The fitness of the vehicle was upto 9.12.2009 while the accident took place on 14.5.2010 and on such date there was no fitness of such vehicle and, therefore, there was a breach of policy.

Admit.

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

Until further order, the effect and operation of the award/judgment dated 14.2.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Auraiya in Motor Accident Claim Petition No. 132 of 2010 (Smt. Malti and others Vs. Rekha Rani and others) shall remain stayed provided the appellant deposits the entire amount of compensation within a period of six weeks. Out of the amount deposited, the claimants shall be entitled to withdraw 50% of the amount as per the direction given by the Tribunal and the 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 :- 23.5.2013

OP