The Oriental Insurance Co. Ltd. vs Manoj Kumar Mishra And 2 Others
2025 Latest Caselaw 5899 ALL

Allahabad High Court

The Oriental Insurance Co. Ltd. vs Manoj Kumar Mishra And 2 Others on 8 March, 2025

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:34033
 
Before National Lok Adalat, 
 
High Court of Judicature at Allahabad
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1491 of 2017
 

 
Appellant :- The Oriental Insurance Co. Ltd.
 
Respondent :- Manoj Kumar Mishra And 2 Others
 
Counsel for Appellant :- Sushil Kumar Mehrotra
 
Counsel for Respondent :- Dinesh Kumar Yadav,Sumit Kumar Srivastava
 

 
Hon'ble Dinesh Pathak,J.
 

1. Instant First Appeal From Order (F.A.F.O.) has been preferred on behalf of the Insurance Company assailing the judgment/award dated 31.01.2017 passed by the Motor Accident Claim Tribunal in M.A.C.P. No.8 of 2010.

2. While admitting the instant appeal, following interim order dated 16.05.2017 has been passed :-

"The operation of the impugned award dated 31 January 2017 of the Tribunal, to the extent it is directed against the present appellant, shall remain stayed provided the appellant deposits the entire decretal amount awarded against it before the Motor Accident Claims Tribunal, Maharajganj within a period of six weeks from today. On deposit of the said amount, the claimant/respondent shall be entitled to withdraw 50% on furnishing security other than the cash or Bank guarantee to the satisfaction of the Tribunal and the balance amount shall be invested in a fixed deposit in a Nationalized Bank for a period of three years to be renewed from time to time. In case of default, the interim order shall stand vacated automatically.

The amount already deposited in this Court shall be remitted to the Tribunal for being adjusted towards the amount to be deposited by the appellant as per this order.

The apportionment of the amount to be paid to the claimant under this order shall be made in the same proportion as directed in the award passed by the Tribunal."

3. Both the parties to the instant F.A.F.O. have arrived at compromise and settled the issue involved in the present appeal on their own volition without any duress and coercion under the following terms and conditions:-

"Out of the deposited amount which is kept in the fixed deposit i.e. 50% of the entire awarded/deposited amount in compliance of the order dated 16.05.2017, only Rs.8 lakhs in full and final payment shall be reimbursed in favour of the claimants and the remaining amount shall be returned/refunded to the Insurance Company (appellant)."

4. However, it is made clear that surety, if any, furnished by the claimants in compliance of the order dated 16.05.2017 shall be returned to them.

5. Copy of the compromise shall be part of this order.

6. In this conspectus, as above, instant F.A.F.O. is finally disposed of on the above terms and conditions.

 
Order Date :- 8.3.2025
 
VR
 
(Om Prakash Mishra, Advocate)        (Justice Dinesh Pathak)