Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1888 of 2010 Petitioner :- The Oriental Insurance Co. Ltd. Respondent :- Smt. Amna @ Munni And Others Petitioner Counsel :- V.C. Dixit Respondent Counsel :- Lal Chand Sahu 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 the learned counsel for the appellant and
Shri Lal Chand Sahu, learned counsel for the Claimants-Respondents No.1 to
4, it is directed that the operation of the impugned Award dated 9.3.2010 in so
far as the same has been passed 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, Bareilly.
The amount so deposited by the appellant will be paid/invested as under:
1. Out of the amount so deposited, Rs.25,000/- each will be paid
respectively to each of the Claimants-Respondents no. 1, 2, 3 and 4.
2. 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 concerned.
The amount deposited 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will not be permitted to be withdrawn by the Claimants-Respondents without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.
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 24.1.2011.
Order Date :- 3.7.2010
T. Sinha