High Court of Judicature at Allahabad
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M/S United India Insurance Company Limited v. Smt. Kamlesh And Others - FIRST APPEAL FROM ORDER No. 971 of 2007  RD-AH 8023 (30 April 2007)
Hon'ble Amitava Lala,J.
Hon'ble Pankaj Mithal,J.
Learned counsel appearing for the appellant has raised two points i.e. contributory negligence and fixation of quantum.
The appeal will be heard and the stay of the order impugned passed by the learned Judge, Motor Accident Claims Tribunal dated 15.12.2006 will be operative subject to deposit of the awarded amount i.e. Rs. 1,89,500.00 along with the interest accrued thereon till date within a period of one month from this date. Tribunal concerned is at liberty to release 50% of the said sum to the claimant without security. However, the balance amount will be kept in a short term Fixed Deposit of a nationalised bank and will be renewed time to time till further order/s of the Court.
The entire deposited amount will include the statutory deposit of Rs.25,000/- which will be remitted in favour of the tribunal as expeditiously as possible.
Issue notice upon the respondents by ordinary post and/or registered post with acknowledgement due to hear out the objection, if any, in connection with the application for condonation of delay within a period of fortnight from this date returnable six weeks hence.
Translated copy of the judgment and order, if not filed, be filed by the next date of hearing.
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