Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 2040 of 2010 Petitioner :- National Insurance Company Ltd. Respondent :- Smt. Leelawati And Others Petitioner Counsel :- Saral Srivastava Respondent Counsel :- Ram Singh Hon'ble Satya Poot Mehrotra,J.
Hon’ble Ashok Kumar Roopanwal,J.
Order on Appeal
Admit.
Issue notice.
Notice on behalf of the claimant-respondent nos. 1 to 4 has been accepted
by Shri Ram Singh, who has filed caveat on behalf of the said respondents.
Notice will be issued to the remaining respondents by Registered Post A.D.
fixing the next date fixed in the matter.
Order on Stay Application
Issue notice.
Notice on behalf of the claimant-respondent nos. 1 to 4 has been accepted
by Shri Ram Singh, who has filed caveat on behalf of the said respondents.
Notice will be issued to the remaining respondents by Registered Post A.D.
fixing the next date fixed in the matter.
Requisite steps will be taken within three weeks.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having
considered the submissions made by Sri Saral Srivastava, learned counsel for
the appellant and Shri Ram Singh, learned counsel for the claimant-
respondent nos. 1 to 4, it is directed that the operation of the impugned Award
dated 31.03.2010 will remain stayed until further orders of the Court,
provided within six weeks from today, the appellant deposits the entire
amount awarded under the impugned Award together with interest thereon
before the Motor Accidents Claims Tribunal, Fatehpur.
The amount so deposited by the appellant will be paid/invested as per the
directions given by the Tribunal under the impugned Award.
The amounts invested in Fixed Deposits, as per the directions given by the
Tribunal under the impugned Award, will not be permitted to be withdrawn
by the claimants-respondents without leave of this Court. However, 50% of
the periodical interest accruing on such Fixed Deposits, will be permitted to
be withdrawn by the concerned claimants-respondents as and when the same
accrues. Balance 50% of the periodical interest accruing on such Fixed
Deposits, will continue to be reinvested in the respective Fixed Deposits.
The amount of Rs. 25,000/- deposited by the appellant while filing the
present Appeal, will be remitted to the Tribunal for being adjusted towards
the deposit to be made by the appellant, as directed above.
In the event of default on the part of the appellant in making the deposit as
directed above, this interim order will stand automatically vacated.
Counter affidavit and rejoinder affidavit may be exchanged between the
parties by the next date fixed in the matter.
List on 23.2.2011.
Order Date :- 13.7.2010
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