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THE UNITED INDIA INSURANCE COMPANY LTD. versus RAJPAL SINGH & OTHERS

High Court of Judicature at Allahabad

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The United India Insurance Company Ltd. v. Rajpal Singh & Others - FIRST APPEAL FROM ORDER No. 636 of 2007 [2007] RD-AH 4205 (12 March 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 Pankaj Mithal,J

According to the appellant insurance company no disability certificate has been proved in the court below.  On the other hand the claimant/respondents/caveator contended before this Court that 80% of disability has already been proved.  In any event the following orders are needed to be passed.

         The appeal will be heard and the stay of the order impugned passed by the learned Judge Motor Accident Claims Tribunal dated 18th December, 2006 will be operative subject to deposit of the awarded amount of Rs.3,73,600/- alongwith the interest accrued thereon till date within a period of one month from this date.  The concerned Tribunal is at liberty to release 50% of the said sum to the claimant/s without security.  However, the concerned Tribunal is also at liberty to release balance 50% of the said sum provided claimant/s furnishes security to his satisfaction.  However, till the date the balance amount is not released either on the basis of the furnishing security or till further order/s to be passed by this Court, 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 order/s 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 nos.2 &3 within fortnight returnable six weeks hence.

Dt.12.3.07

PKB

FAFO 636-07


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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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