Allahabad High Court
U.P.S.R.T.C., Thru' Regional Manager vs Kallan & Others on 20 July, 2010
Author: Rakesh Tiwari
Bench: Rakesh Tiwari
Court No. - 1 Case :- FIRST APPEAL FROM ORDER No. - 2119 of 2010 Petitioner :- U.P.S.R.T.C., Thru' Regional Manager Respondent :- Kallan & Others Petitioner Counsel :- Ramanuj Pandey Hon'ble Rakesh Tiwari,J.
Heard learned counsel for the parties and perused the record.
This First Appeal From Order has been filed challenging the validity and correctness of the impugned award dated 12.4.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Ghaziabad in M.A.C.P. No. 135 of 2008, Kallan versus Avinash Sharma and others.
Considering the facts and circumstances of this case, it is directed that the appellant shall deposit 50% amount of the compensation awarded by the Claims Tribunal in M.A.C.P. No. 135 of 2008 before it minus the statutory amount of Rs.6330/- which has been deposited at the time of filing of this appeal before the Registrar General of this Court within a period of two weeks from today. The Registrar General is directed to transmit the aforesaid statutory amount of Rs. 6330/- to the concerned Motor Accident Claims Tribunal within the aforesaid period of two weeks from today. On deposit of the aforesaid amount and upon receipt of the statutory amount of Rs.6330/- from the Registrar General of this Court, the claimants shall be released 50% amount of the awarded amount with interest without furnishing any security.
Issue notices to the opposite parties indicating that the counter affidavit is to be filed within a period of eight weeks. Rejoinder affidavit may be filed within a period of four weeks. List thereafter.
In the mean time, the operation of the impugned award dated 12.4.2010 shall remain stayed till further orders of the Court.
Order Date :- 20.7.2010 CPP/-