The Oriental Insurance Company ... vs Lallan Prasad (Deceased)And 4 ...
2014 Latest Caselaw 2752 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1965 of 2014
 

 
Appellant :- The Oriental Insurance Company Ltd.
 
Respondent :- Lallan Prasad (Deceased)And 4 Others
 
Counsel for Appellant :- Ashok K.Jaiswal
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Learned counsel for the appellant states that FIR has been lodged on the same day of the accident in which Vehicle No. U.P.42-T-2908 was mentioned. However, in the charge-sheet, the involvement of Vehicle No. U.P. 52F-2504 is shown. In the statement, the driver has categorically stated that said vehicle was being plied on route, Rudrapur to Gorakhpur, and not on route, Deoria to Salempur.  The said vehicle was not involved in the accident. Without any cogent material, involvement of Vehicle No. U.P. 52F-2504 has been shown to which the appellant is the insurer.

The matter requires consideration.

Admit.

Issue notice.

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

Until further orders, the effect and operation of the impugned judgment and award dated 1.3.2014 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Deoria, District Deoria in M.A.C.P. No. 27 of 2010 (Lallan Prasad (deceased) and others Vs. Vishnu Pratap Singh and others) shall remain stayed provided the appellant deposits the entire amount of compensation within four weeks. Out of the amount deposited, the claimant shall be entitled to withdraw 50% of the amount on furnishing security in the form other than cash or bank guarantee and the remaining balance amount shall be kept 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 :- 9.7.2014

OP