Allahabad High Court
Smt. Barfiya Devi And 2 Ors. vs Smt. Guddi Devi And 2 Ors. on 30 May, 2013
Author: Rajes Kumar
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 1567 of 2013 Appellant :- Smt. Barfiya Devi And 2 Ors. Respondent :- Smt. Guddi Devi And 2 Ors. Counsel for Appellant :- Atul Sharma,Rajeev Misra Hon'ble Rajes Kumar,J.
The appellants are the owners of the Tractor. The contention of the appellants is that the Tractor was on right side, which is apparent from the site-plan inasmuch as the Tribunal has also recorded a finding to this effect still the liability has been fastened on the owners of the Tractor.
Admit.
Issue notice. The appellant may take steps to serve the respondents by registered post.
Until further order, the effect and operation of the judgment dated 18.2.2013 and the decree/award dated 26.2.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 11, Agra in MACP No. 401 of 2011 (Smt. Guddi Devi and another Vs. Smt. Barfiya Devi and others) shall remain stayed provided the appellants deposit Rs.1,00,000/- within a period of six weeks. Out of the amount deposited, the claimants shall be entitled to withdraw 50% of the amount without furnishing any security and 50% of the amount on furnishing security in the form of other than cash or Bank guarantee. Any amount already deposited shall be given adjustment.
Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.
Order Date :- 30.5.2013 OP