Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1961 of 2010 Petitioner :- The Oriental Insurance Company Limited Respondent :- Smt. Lajwanti & Others Petitioner Counsel :- Viqar Ahmed Ansari 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 Viqar Ahmed Ansari, learned
counsel for the appellant, it is directed that the operation of the impugned
Award dated 30.3.2010 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, Kanpur Nagar.
The amount so deposited by the appellant will be paid/invested as under:
1. As regards the amount awarded respectively to each of the Claimants-
Respondents no.2 to 6 under the impugned Award, the same will be invested
as per the directions given by the Tribunal in the impugned Award.
2. As regards the amount awarded to the Claimant-Respondent no.1 under
the impugned Award, the same will be paid/invested, as under:
(A). Out of the amount awarded to the Claimant-Respondent No.1 under
the impugned Award, 50% of the amount will be paid to her without
furnishing any security.
(B). Balance 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 amounts invested in Fixed Deposits 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will not be permitted to be withdrawn by the Claimants-Respondents without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 Deposits
will be permitted to be withdrawn by the concerned Claimants-Respondents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