Unknown vs Rekha Goyal And Another
2021 Latest Caselaw 2846 UK

                   Office Notes,
                reports, orders or
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SL. No   Date                                      COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
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                                     AO No. 144 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. Ramji Srivastava and Mr. Shankar Aggarwal, Advocates for the appellant.

The present Appeal from Order, has been preferred by the appellant, questioning the impugned award dated 13th February, 2020, as it was rendered in Motor Accident Claim Petition No. 22 of 2013, Smt. Narottama Devi and others Vs. Rekha Goyal and another, whereby the leaned Motor Accident Claim Tribunal, while adjudicating upon the claim, has decree the claim to the tune of Rs.9,09,328/-, along with interest payable on the same @ 6% p.a., till the date of actual payment, is made.

Arising out of the same accident, the claimants of other deceased persons have preferred an Appeal from Order, being Appeal from Order No. 70 of 2020, Smt. Rekha Goyal Vs. Smt. Basanti Devi and others, in which, the claim, which was determined to be payable was assessed to be 6,31,600/- along with an interest @ 6% p.a.

of 2020, was admitted by the Coordinate Bench of this Court, an interim order was granted, whereby, the direction has been issued to deposit a sum of Rs.5,00,000/- out of the total awarded amount.

of 2021, it has been argued by the learned counsel for the appellant that in the light of the judgment of the Hon'ble Apex Court, rendered in Civil Appeal No. 4960 of 2019, Manoj Gupta Vs. Haseen Bano and others, which was preferred against the interlocutory order passed by the High Court, on 10th December, 2018, as it was involved in the said case, when the deposit was directed to be made of the total amount of the award, the Hon'ble Apex Court has held, while interpreting the implications of the provisions contained under Section 173 of the Act, that in order to meet the purposes, the High Court could have directed the deposit of 50% of the amount because the proviso to Section 173 of the Act itself, since it lays down an embargo of depositing of 25,000/- of the amount or 50% of the awarded amount, whichever is less, the upper limit of deposit cannot exceed beyond 50%.

In view of the said ratio of the Hon'ble Apex Court, laid down by the judgment of 8th May, 2019, by way of interim measure, it is directed that subject to the condition that the appellant deposits 50% of the awarded amount, within a period of six weeks from today, before the Court below, the execution of the impugned award would be kept in abeyance.

Issue notices to the respondents. The appellant would take steps within a period of ten days from today.

List this Appeal from order after service of notice on the respondents, along with Appeal from Order No. 70 of 2020.

(Sharad Kumar Sharma, J.) Dated 04.08.2021 Shiv