Court No. - 1 Case :- FIRST APPEAL FROM ORDER No. - 2332 of 2010 Petitioner :- The New India Assurance Company Ltd. Thru' Div. Manager Respondent :- Mahendra Maurya & Others Petitioner Counsel :- Amit Singh Hon'ble Rakesh Tiwari,J.
Heard counsel for the appellant and perused the record.
This First Appeal From Order has been filed challenging validity and
correctness of the award dated 25.5.2010 passed by Motor Accident Claims
Tribunal/ District Judge, Mirzapur in M.A.C.No. 202 of 2003, Mahendra
Maurya Vs. Raj Kumar Yadav and others.
Considering the facts and circumstances of the case, it is directed that subject
to the appellant depositing the whole amount awarded against it with interest
minus statutory deposit of Rs. 25000/- made at the time of filing this appeal,
within a period of two weeks from today with the concerned Tribunal,
operation of the impugned judgment and award dated 25.5.2010 shall remain
stayed. The office shall transmit statutory deposit of Rs. 25,000/- to the
Tribunal concerned within two weeks from today. On receipt of the whole
amount as against the appellant, the Tribunal shall release 50 % of the amount
without any security and remaining 50 % on furnishing adequate security to
its satisfaction in favour of the claimant.
Issue notice to the respondents, returnable at an early date indicating that
counter affidavit, is to be filed within eight weeks. Rejoinder affidavit may be
filed within four weeks thereafter.
List after expiry of the aforesaid period.
Order Date :- 5.8.2010
SNT/