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Km. Arpita @ Kirti Purwar v. Mact/ Special Judge (D.A.A.) Etawah And Others - WRIT - C No. 24714 of 2006 [2006] RD-AH 8961 (4 May 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Vineet Saran,J

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the Respondent no.1. In view of the nature of the order which is being passed, notices to the Respondent nos.2 and 3 are not being issued. However, in case if the said respondents are so aggrieved, they may file an application for recall/modification/variation of this order.

An award was passed in favour of the petitioner by the Motor Accident Claims Tribunal awarding certain amount as compensation. Challenging the said Award the Respondent no.2 Insurance Company filed an appeal in which an interim order dated 7.3.2005 had been passed to the effect that the appellant-Insurance Company shall deposit the entire amount, out of which half shall be paid to the claimant-petitioner without furnishing security and the remaining half on furnishing security, other than cash or bank guarantee. The contention of the petitioner is that half of the amount has already been paid to her without furnishing security. As regards the remaining half, the petitioner has furnished security to the satisfaction of the Motor Accident Claims Tribunal but thereafter by an order dated 1.9.2005 the Tribunal has directed that the security furnished by the petitioner may be registered as directed by the Hon'ble Court. The contention of the learned counsel for the petitioner is that by the interim order dated 7.3.2005 this Court has not directed that the security be registered and as such the condition imposed by the Tribunal for getting the security registered is totally uncalled for.

In the aforesaid circumstances it is directed that in case if the security as furnished by the petitioner, is to the satisfaction of the Tribunal, the amount may be released in favour of the petitioner without imposing any condition with regard to the registration of the security.

With the aforesaid observation/direction this writ petition is disposed of. No order as to cost.

Dt/- 4.5.2006


w.p. 24714.06


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