Allahabad High Court
The Oriental Insurance Company Ltd. vs Smt. Pinki Devi And Others on 3 July, 2010
Author: Ashok Kumar Roopanwal
Bench: Ashok Kumar Roopanwal
Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1948 of 2010 Petitioner :- The Oriental Insurance Company Ltd. Respondent :- Smt. Pinki Devi And Others Petitioner Counsel :- S.C. Srivastava 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 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 Sri S. C. Srivastava, learned counsel for the appellant, it is directed that the operation of the impugned Award dated 26.2.2010 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, Mirzapur.
The amount so deposited by the appellant will be paid/invested as per the directions given by the Tribunal in the impugned Award.
The amounts invested in Fixed Deposits, as per the directions given by the Tribunal in the impugned Award, will not be permitted to be withdrawn by the claimants-respondents without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits will be permitted to be withdrawn by the concerned claimants-respondents as and when the same accrues and the balance 50% of the periodical interest accruing on such Fixed Deposits will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 deposit to be made by the appellant, as directed above.
In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated.
Counter affidavit and rejoinder affidavit may be exchanged between the parties by the next date fixed in the matter.
List on 20.1.2011.
Order Date :- 3.7.2010 Pcl