Allahabad High Court High Court

United India Insurance Company … vs Rohit Kumar And Others on 13 January, 2010

Allahabad High Court
United India Insurance Company … vs Rohit Kumar And Others on 13 January, 2010
Court No. - 19
Stay Application no. 8923 of 2010 in
Case :- FIRST APPEAL FROM ORDER No. - 127 of 2010
Petitioner :- United India Insurance Company Ltd.
Respondent :- Rohit Kumar And Others
Petitioner Counsel :- Amaresh Sinha

Hon'ble Sanjay Misra,J.

In view of the facts and circumstances of the case, in case the
appellant deposits the entire decretal amount before the Tribunal
within one month from today, the recovery sought to be made by
virtue of the impugned award dated 17.9.2009 passed by the Motor
Accident Claims Tribunal/Additional District Judge, Court no. 8,
Muzaffarnagar in Motor Accident Claim Petition no. 524 of 2007
shall remain stayed.

The claimants-respondents shall be entitled to withdraw 50% of
the awarded amount and the balance 50% of the amount shall be
kept in an interest bearing account of a Nationalized Bank by the
Tribunal.

In the event of failure on the part of the appellant to deposit the
entire decretal amount, the award would become executable
forthwith.

The statutory deposit of Rs. 7500/- made under Section 173 of the
Motor Vehicles Act be transmitted to the Tribunal forthwith and
will be adjusted towards the amount payable by the appellant.

Order Date :- 13.1.2010
Pravin

Court No. – 19
Case :- FIRST APPEAL FROM ORDER No. – 127 of 2010
Petitioner :- United India Insurance Company Ltd.
Respondent :- Rohit Kumar And Others
Petitioner Counsel :- Amaresh Sinha
Hon’ble Sanjay Misra,J.

Issue notice to the respondents fixing an early date.

Steps be taken within two weeks.

Order Date :- 13.1.2010/Pravin