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Allahabad High Court

Ganga Prasad And Another vs Rajendra Pal @ Munna @ Rajendra Prasad ... on 21 January, 2010

Author: Ram Autar Singh

Bench: Prakash Chandra Verma, Ram Autar Singh

Court No. - 34

Case :- FIRST APPEAL FROM ORDER No. - 175 of 2010

Petitioner :- Ganga Prasad And Another
Respondent :- Rajendra Pal @ Munna @ Rajendra Prasad And Others
Petitioner Counsel :- I.M. Khan,M.A. Siddiqui

Hon'ble Prakash Chandra Verma,J.

Hon'ble Ram Autar Singh,J.

Admit.

Issue notice upon the respondent by registered post with acknowledgement due within a period of fortnight from this date returnable six weeks hence.

The appeal will be heard and the stay of the order impugned passed by the learned Judge, Motor Accident Claims Tribunal, Fatehpur dated 2.12.2009 in M.A.C. No.21 of 2009 will be operative subject to deposit of the 50% of the entire awarded amount of Rs.1,57,000/- along with the interest accrued thereon till date within a period of one month from this date. Tribunal concerned is at liberty to release 50% of the said sum to the claimant without security. However, the Tribunal concerned is also at liberty to release balance 50% of the said sum provided claimant furnishes security to his satisfaction. However, till the date the balance amount is not released either on the basis of the furnishing security or till further order to be passed by this Court, the same shall be kept in a short term Fixed Deposit of a nationalised bank and will be renewed time to time till the payment is made or till further order of the Court, whichever is applicable.

The entire deposited amount will include the statutory deposit of Rs.25,000/- which will be remitted in favour of the concerned Tribunal as expeditiously as possible.

Order Date :- 21.1.2010 RU