Court No. - 9 Case :- FIRST APPEAL FROM ORDER No. - 1982 of 2010 Petitioner :- The New India Assurance Company Ltd. Respondent :- Smt. Riturani @ Rinku & Ors. Petitioner Counsel :- Rakesh Bahadur Respondent Counsel :- Nigemendra Singh Hon'ble Vijay Manohar Sahai,J.
Hon’ble Mrs. Jayashree Tiwari,J.
We have heard learned counsel for the appellant and Shri Nigamendra Shukla
for the respondents.
Admit.
Issue notice.
Notice on behalf of respondents no.1 to 3 has been accepted by Shri
Nigamendra Shukla. He prays for and is allowed one month time to file
counter affidavit. Three weeks thereafter is allowed to the appellants for filing
rejoinder affidavit. Issue notice to respondents no.4 to 6 by registered post.
Steps within two weeks. Office shall send notice returnable at an early date.
List on the date fixed by the office in the notice.
Until further orders of this court the execution of award dated 22.3.2010
passed by the Motor Accident Claims Tribunal, Muzaffarnagar, in M.A.C.P
No.115 of 2009 shall remain stayed provided the appellant deposits the entire
amount awarded before the Tribunal along with interest within a period of
two months from today. Out of the amount deposited by the appellant, half of
the amount shall be paid and invested proportionately, as directed by the
tribunal. The remaining half of the amount shall be deposited by the Motor
Accident Claims Tribunal, Muzaffarnagar in some interest bearing fixed
deposit of any nationalised bank which shall be renewed year to yer and the
fixed deposit shall abide by the decision of this appeal.
The amount of Rs.25,000/- deposited by the appellant in this court under
section 173 of the Motor Vehicles Act, 1988 shall be remitted by the Registry
to the Motor Accident claims Tribunal, Muzaffarnagar within one month and
shall be included in the amount to be paid by the appellant to the
claimants/respondents. Office is directed to submit a report about compliance
of this order when the matter is listed next.
Order Date :- 12.7.2010
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