Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1696 of 2010 Petitioner :- Reliance General Insurance Company Ltd. Respondent :- Mustaq And Another Petitioner Counsel :- S.K. Mehrotra Hon'ble Satya Poot Mehrotra,J.
Hon’ble Shyam Shankar Tiwari,J.
Order on Appeal
Admit.
Issue notice.
Notice will be issued to the respondents by Registered Post A.D. fixing the
next date fixed in the matter.
Order on Stay Application
Issue notice.
Notice will be issued to the 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 Shri S.K. Mehrotra, learned counsel for
the appellant, it is directed that the operation of the impugned Award dated
23.3.2010 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, Mathura.
The amount so deposited by the appellant will be paid/invested as under:
(1) 50% of the amount awarded to the claimant-respondent no.1 under the
impugned Award, will be paid to the claimant-respondent no.1 without
furnishing any security.
(2) Balance 50% of the amount awarded to the claimant-respondent no.1
under the impugned Award, will be invested in maximum interest-bearing
Fixed Deposit in a Nationalized Bank, renewable from time to time, in the
name of the claimant-respondent no.1.
The amount invested in Fixed Deposit as per the directions given above,
will not be permitted to be withdrawn by the claimant-respondent no. 1
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on such Fixed Deposit will be permitted to be withdrawn by the claimant-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 no. 1 as and when the same accrues. Balance 50% of the
periodical interest accruing on such Fixed Deposit will continue to be
reinvested 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 23.2.2011.
Order Date :- 14.7.2010
Ajeet