High Court of Judicature at Allahabad
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Smt. Sudershan Bhatia v. The New India Assurance Company Ltd. & Others - FIRST APPEAL FROM ORDER No. 924 of 2007  RD-AH 6042 (3 April 2007)
Hon'ble Amitava Lala,J.
Hon'ble Pankaj Mithal,J.
Insurance company has already deposited the amount pursuant to the award of the court below. Therefore, there is no embargo upon the claimants in withdrawing the same by the order of the court below. This appeal is made by the owner of the truck by saying that when the vehicle is not in transporting condition the liability cannot be shifted to the owner. The execution application is pending before the court below. However, the appeal will be heard subject to furnishing security to the satisfaction of the court below on the date of hearing of the execution of the application.
Issue notice upon the respondents by ordinary post and/or registered post with acknowledgement due within fortnight returnable six weeks hence.
Translated copy of the judgment and order if not already filed, be filed on the next date of hearing.
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