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NATIONAL INSURANCE COMPANY LTD. versus SHARAFAT & OTHERS

High Court of Judicature at Allahabad

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National Insurance Company Ltd. v. Sharafat & Others - FIRST APPEAL FROM ORDER No. 804 of 2007 [2007] RD-AH 5491 (28 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.

The point of contributory negligence and quantum of income of the deceased has been raised by the appellant. Mr. Nigamendra Shukla, learned counsel appeared on behalf of the claimants/respondents no. 1 to 5.

The appeal will be heard and the stay of the order impugned passed by the learned Judge Motor Accident Claims Tribunal dated 15th December, 2006 will be operative subject to deposit of the awarded amount of Rs.4,24,500/- alongwith the interest accrued thereon till date within a period of one month from this date.  The concerned Tribunal is at liberty to release 2/3rd of the said sum to the claimant/s without security.    However, the balance 1/3rd of the said sum will not be released without the leave of the Court but will be deposited in a short term Fixed Deposit of a nationalized bank and will be renewed time to time till further order/s to be passed by the Court.

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 no.6 owner of the truck by ordinary post and/or registered post with acknowledgement due within fortnight from this date returnable six weeks hence.

Translated copy of the judgment and order, if not filed, be filed on the next date of hearing.

Dt.28.3.07

PKB

FAFO 804-07

Hon'ble Amitava Lala,J.

Hon'ble Pankaj Mithal,J.

Interim order is granted.

For orders see order of date passed on the memo of appeal.

Dt.28.3.07

PKB

FAFO 804-07


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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