National Insurance Co. Ltd. vs Smt. Sahira And 6 Others
2016 Latest Caselaw 7231 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3282 of 2016
 

 
Appellant :- National Insurance Co. Ltd.
 
Respondent :- Smt. Sahira And 6 Others
 
Counsel for Appellant :- Kuldip Shanker Amist
 

 
Hon'ble B. Amit Sthalekar,J.

Civil Misc. Stay Application files today. The same is taken on record. 

Office is directed to give a number to the stay application.

The appellant is the Insurance Company.

The appellant is seeking quashing of the award dated 21.07.2016 passed by the Motor Accident Claims Tribunal, Baghpat in Motor Accident Claim Petition No. 158 of 2011 a sum of Rs.4,96,540/-.

Heard Sri Kuldip Shanker Amist, learned counsel for the appellant.

Admit.

Issue notice to the respondents returnable within six weeks. The appellant shall take steps for service on the respondents within one week.

All the respondents may file their counter affidavit within six weeks.

List thereafter.

Subject to the appellant depositing the entire compensation awarded along with up-to-date interest, within a period of six weeks from today, the execution of the award dated 21.07.2016, shall remain stayed.

Out of the amount deposited, 50% may be paid over to the claimants in the same proportion as provided in the award without any security. The balance 50% deposited may be invested in an interest bearing security with a nationalized Bank.

The statutory deposit made along with the appeal shall be remitted to the Tribunal for adjustment within three weeks.

Order Date :- 25.11.2016

Ashish Nayan