Court No. - 19 Stay application no. 28566 of 2010 in Case :- FIRST APPEAL FROM ORDER No. - 332 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Deepak Kumar Gupta And Another Petitioner Counsel :- V.C. Dixit Hon'ble Sanjay Misra,J.
Sri V.C. Dixit learned counsel for the appellant has submitted that
the disability certificate of 10 percent filed by the claimant
respondent was not proved in accordance with law and therefore
the same ought not to have been believed by the Tribunal while
calculating the compensation for the injury received.
In view of the aforesaid circumstances it is provided that in case
the appellant deposits the entire decretal amount before the
Tribunal within six weeks from today the recovery sought to be
made by the impugned award dated 28.10.2009 passed in
M.A.C.P. No. 379 of 2006 by the Special Judge
(D.A.A.)/M.A.C.T. Etah shall remain stayed.
In the event of default the award shall become executable
forthwith.
From the amount so deposited the claimant respondent will be
entitled to withdraw 50 percent of the amount without any security
and balance amount shall be kept in an interest bearing account of
a nationalized bank by the Tribunal.
The amount of Rs. 25,000 deposited by the appellant under
Section 173 of the Motor Vehicles Act be remitted to the Tribunal
for being granting due adjustment.
Order Date :- 2.2.2010
Pravin
Court No. – 19
Case :- FIRST APPEAL FROM ORDER No. – 332 of 2010
Petitioner :- U.P. State Road Transport Corporation
Respondent :- Deepak Kumar Gupta And Another
Petitioner Counsel :- V.C. Dixit
Hon’ble Sanjay Misra,J.
Issue notice.
Steps be taken with a week.
Order Date :- 2.2.2010
Pravin