Court No. - 19 Civil Misc. Stay Application No. 7538 of 2010 IN Case :- FIRST APPEAL FROM ORDER No. - 95 of 2010 Petitioner :- The New India Assurance Company Ltd. Respondent :- Smt. Kalpana Devi And Others Petitioner Counsel :- Amit Manohar 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 six weeks from today, the recovery sought to be made by
virtue of the impugned award dated 29.9.2009 passed by the Motor
Accident Claims Tribunal/Additional District Judge, Court No.10
Bareilly in Motor Accident Claim Petition No. 281 of 2004 shall
remain stayed.
The claimants-respondents shall be entitled to withdraw the 50%
of the awarded amount and the balance 50% of the amount shall be
kept in an interest bearing account of a Nationalized Bank.
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. 25,000/- 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 :- 12.1.2010
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Court No. – 19
Case :- FIRST APPEAL FROM ORDER No. – 95 of 2010
Petitioner :- The New India Assurance Company Ltd.
Respondent :- Smt. Kalpana Devi And Others
Petitioner Counsel :- Amit Manohar
Hon’ble Sanjay Misra,J.
Issue notice to the respondents fixing an early date.
Steps be taken within two weeks.
Order Date :- 12.1.2010
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