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UTTAR PRADESH ROAD TRANSPORT CORPORATION versus INDRA PAL SINGH

High Court of Judicature at Allahabad

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Uttar Pradesh Road Transport Corporation v. Indra Pal Singh - FIRST APPEAL FROM ORDER No. 1668 of 2007 [2007] RD-AH 11220 (4 July 2007)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble Shishir Kumar,J.

This is a case of disablement of the claimant. Primafacie it appears to us, that the awarded amount is in the higher side.

The appeal will be heard and the stay of the order dated 28.02.2007 passed by the Judge, Motor Accident  Claims Tribunal (Additional District Judge, Court No.1) Moradabad in M.A.C. No.229 of 2005 will be operative subject to deposit of the entire awarded amount of Rs.2,08,090/-along with the interest accrued thereon till date within a period of one month from this date.  The Court below is at liberty to keep 50% of the total deposited amount in a short term Fixed Deposit of a nationalized bank which will be renewed time to time till the payment is made or till further order/s of the Court, whichever is applicable.

However, the Court below is at liberty to release the remaining/balance 50% of the total awarded amount to the claimant/s in the following manner.  One half of such sum will be released without security to the claimant/s and another one half will be released upon furnishing security to his satisfaction. However, till the date the balance amount is not released either on the basis of the furnishing security or further orders to be passed by this Court, the same will be kept in a short term Fixed Deposit of a nationalized bank  and will be renewed time to time till the payment is made or till further orders 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.

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

Translated copy of the impugned order/judgment, if not filed be filed by the next date.

Dt.04.7.07

PKB

FAFO 1668-07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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