Oriental Insurance Co. Ltd. vs Smt. Abha Devi And 4 Others
2015 Latest Caselaw 1146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1516 of 2015
 

 
Appellant :- Oriental Insurance Co. Ltd.
 
Respondent :- Smt. Abha Devi And 4 Others
 
Counsel for Appellant :- Anand Kumar Sinha
 

 
Hon'ble Ran Vijai Singh,J.

Heard Sri A.K.Sinha, learned counsel for the appellant. 

While assailing the impugned judgment and award, learned counsel for the appellant submits that the Tribunal has not  considered this aspect of the matter that once the driving license submitted by the Driver was found  forged  it was not open to the Driver to file another driving license as under the Motor Vehicles Act two licenses are not permissible to be issued to one person.

Matter requires scrutiny.

Issue notice.

Steps be taken within two weeks.

List after service.

As an interim measure, without prejudice to right and contention of the parties, in case the appellant deposits the entire amount under impugned award, including upto date interest, after adjusting the statutory amount, within a period of six weeks from today before the Tribunal, the operation and enforcement of the impugned judgment and award dated 17.3.2015 passed in MACP No. 208 of 2013 shall remain stayed.

On deposit, 50% of the said amount shall be released in favour of the claimants on their application  in the same ratio and proportion as directed by the Tribunal without furnishing security, 25% amount shall be released after furnishing security to the satisfaction of the Tribunal and remaining 25% amount shall be invested in a fixed term deposit account in some Nationalized Bank for initial period of two years.

The Registry of this Court is directed to send back the statutory deposit of Rs. 25,000/- before the concerned Tribunal for adjusting it towards the deposit of the awarded amount.

Order Date :- 10.7.2015

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