Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1926 of 2010 Petitioner :- Icici Lombard General Insurance Co. Ltd. Respondent :- Smt. Omwati And Others Petitioner Counsel :- Rakesh Dhar Dubey Hon'ble Satya Poot Mehrotra,J.
Hon’ble Ashok Kumar Roopanwal,J.
Order on Appeal
Admit.
Issue notice.
Order on Stay Application
Issue notice.
Notice will be issued 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 the learned counsel for the appellant, it is
directed that the operation of the impugned Award dated 16.03.2010, in so far
as the same is against the appellant, 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 as against the appellant
together with interest thereon before the Motor Accidents Claims Tribunal,
Kanpur Dehat.
The amount so deposited by the appellant will be paid/invested as under:-
(1) Out of the amount so deposited, Rs. 25,000/- will be paid to the
claimant-respondent no.2 without furnishing any security.
(2) Out of the amount so deposited, Rs. 2,00,000/- will be paid to the
claimant-respondent no.1 without furnishing any security.
(3) Balance amount of the deposit will be invested in maximum interest-
bearing Fixed Deposit in a Nationalized Bank, renewable from time to time,
in the name of the Tribunal.
The amount invested in Fixed Deposit, as per the directions given above,
will not be permitted to be withdrawn by the claimants-respondents without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Fixed Deposit, will be permitted to be withdrawn by the claimant-respondent
nos. 1 and 2 as and when the same accrues. Balance 50% of the periodical
interest accruing on such Fixed Deposit, will continue to be re-invested in
such Fixed Deposit.
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 18.1.2011.
Order Date :- 3.7.2010
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