National Insurance Co. Ltd. vs Smt. Mamta Devi And 5 Others
2023 Latest Caselaw 12615 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 
Case :- FIRST APPEAL FROM ORDER No. - 680 of 2023
 
Appellant :- National Insurance Co. Ltd.
 
Respondent :- Smt. Mamta Devi And 5 Others
 
Counsel for Appellant :- Sudhanshu Behari Lal Gour
 

 
Hon'ble Dinesh Pathak,J.

Learned counsel for the appellant (insurance company) submits that the tribunal has given a perverse finding with respect to the involvement of the vehicle in question.

The appeal is admitted.

Summon the lower court record.

Issue notice to the respondents through RPAD as well as normal mode of service fixing 14.7.2023 as the date.

Stay Application

Issue notice as observed above.

In the meantime, both the parties are directed to exchange their respective affidavits, if any.

The realization of the awarded amount against the present appellant, in pursuance of the order dated 20.01.2022 passed by the tribunal, shall remain stayed provided the appellant deposits the entire amount along with interest with the tribunal concerned within a period of two months from today. Upon deposit of the same, as mentioned above, 50% of the deposited amount shall be reimbursed to the claimants, without furnishing surety, as per the terms and conditions observed by the tribunal in it's judgment. Remaining 50% amount shall be invested in the Fixed Deposit in any nationalised bank as may be decided by the tribunal.

The statutory amount as deposited by the appellant in this Court shall be remitted to the tribunal below for being adjusted towards the amount to be deposited by the appellant.

In the event, the appellant fails to deposits the entire amount, as indicated above, within the stipulated period, this interim order shall stand automatically vacated and the impugned award shall become executable forthwith.

Order Date :- 24.4.2023/PS