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U.P. State Road Transport … vs Gireesh Chandra Yadav on 18 January, 2010

Allahabad High Court
U.P. State Road Transport … vs Gireesh Chandra Yadav on 18 January, 2010
Court No. - 19
Civil Misc. Stay Application No. 10267 of 2010
IN
Case :- FIRST APPEAL FROM ORDER No. - 138 of 2010

Petitioner :- U.P. State Road Transport Corporation
Respondent :- Gireesh Chandra Yadav
Petitioner Counsel :- M.M. Sahai

Hon'ble Sanjay Misra,J.

Sri M. M. Sahai, learned counsel for the appellant has submitted
that the appellant had denied that the claimant was traveling in the
bus and further that the rash and negligence driving of the driver
had not been proved but the Tribunal has illegally awarded the
compensation for injuries received to the claimant-respondent.

In view of the aforesaid circumstances, in case the appellant
deposits the entire decretal amount before the Tribunal within a
period of six weeks from today, the recovery sought to be made by
the impugned award dated 17.9.2009 passed by the Motor
Accident Claims Tribunal/District Judge, Mainpuri in Motor
Accident Claim Petition No. 453 of 2005 shall remain stayed.

In the event of failure on the part of the appellant to deposit the
entire decretal amount, the award would become executable
forthwith.

The claimant-respondent shall be entitled to withdraw the 50% of
the awarded amount without furnishing any security and the
balance 50% of the amount with security other than cash or bank
guarantee.

The statutory deposit of Rs. 9,750/- made under Section 173 of the
Motor Vehicles Act be transmitted to the Tribunal forthwith and
will be adjusted towards the amount payable by the appellant.

Order Date :- 18.1.2010
Lbm/-

Court No. – 19

Case :- FIRST APPEAL FROM ORDER No. – 138 of 2010

Petitioner :- U.P. State Road Transport Corporation
Respondent :- Gireesh Chandra Yadav
Petitioner Counsel :- M.M. Sahai

Hon’ble Sanjay Misra,J.

Issue notice to the respondent fixing an early date.

Steps be taken within a week.

Order Date :- 18.1.2010
Lbm/-

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