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[Cites 1, Cited by 1]

Allahabad High Court

U.P. State Road Transport Corporation vs Smt. Gamla Devi And Others on 12 January, 2010

Author: Sanjay Misra

Bench: Sanjay Misra

Court No. - 19
Civil Misc. Stay Application No. 969 of 2010 IN
Case :- FIRST APPEAL FROM ORDER No. - 37 of 2010
Petitioner :- U.P. State Road Transport Corporation
Respondent :- Smt. Gamla Devi And Others
Petitioner Counsel :- Samir Sharma
Hon'ble Sanjay Misra,J.

In view of the facts and circumstances of the case, in case the appellants deposit the entire decretal amount before the Tribunal within six weeks from today, the recovery sought to be made by virtue of the impugned award dated 30.09.2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Jaunpur in Motor Accident Claim Petition No. 236 of 2008 shall remain stayed.

The claimant-respondent shall be entitled to withdraw the 50% of the awarded amount and the balance 50% of the amount shall be kept in an interest bearing account of a Nationalized Bank.

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

The statutory deposit of Rs. 16,500/- 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 :- 12.1.2010 Lbm/-

Court No. - 19

Case :- FIRST APPEAL FROM ORDER No. - 37 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Smt. Gamla Devi And Others Petitioner Counsel :- Samir Sharma Hon'ble Sanjay Misra,J.

Issue notice to the respondents fixing an early date.

Steps be taken within a week.

Order Date :- 12.1.2010/Lbm/-

Court No. - 19

Civil Misc. Application No. 6541 of 2010 IN Case :- FIRST APPEAL FROM ORDER No. - 37 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Smt. Gamla Devi And Others Petitioner Counsel :- Samir Sharma Hon'ble Sanjay Misra,J.

Let this application be placed on record.

This is an application for leave to appeal against the impugned award through the Managing Director.

This application stands allowed.

Order Date :- 12.1.2010 Lbm/-