Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1953 of 2010 Petitioner :- The New India Assurance Company Ltd. Respondent :- Smt. Jitendra Kaur & Others Petitioner Counsel :- Rakesh Bahadur,Praful Bahadur 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 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 Rakesh Bahadur, learned counsel
for the appellant, it is directed that the operation of the impugned Award
dated 2.4.2010 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, Ghaziabad.
The amount so deposited by the appellant will be paid/invested as under:
1. Out of the amount awarded respectively to each of the respondents no.
1, 2, 6 and 7 under the impugned Award, 50% of such amount will be
paid respectively to each of such respondents without furnishing any
security.
2. Remaining 50% of the amount awarded respectively to each of the
respondents no. 1, 2, 6 and 7 under the impugned Award, will be
invested in maximum interest-bearing Fixed Deposit in a Nationalized
Bank, renewable from time to time, in the respective name of each of
such respondents.
The amounts invested in Fixed Deposits as per the directions given above,
will not be permitted to be withdrawn by the concerned respondents without
leave of this Court.
However, 50% of the periodical interest accruing on such Fixed Deposits
will be permitted to be withdrawn by the concerned respondents as and when
the same accrues. Balance 50% of the periodical interest accruing on such
Fixed Deposits will continue to be reinvested in the respective Fixed
Deposits.
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
amount to be deposited by the appellant, as directed above.
In the event of default on the part of the appellant in making the aforesaid
deposit, this interim order will stand automatically vacated.
Counter Affidavit and Rejoinder Affidavit will be exchanged between the
parties by the next date fixed in the matter.
List on 27.1.2011.
Order Date :- 5.7.2010
T. Sinha