High Court of Judicature at Allahabad
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The New India Assurance Company Ltd. v. Smt. Aseen Fatma & Another - FIRST APPEAL FROM ORDER No. 1391 of 2007  RD-AH 9718 (21 May 2007)
Hon'ble Amitava Lala,J.
The appellant has taken two grounds for the purpose of hearing the appeal which prima facie of the view are required to be heard. The grounds are that on the date of death of the deceased, he was not in the employment. Secondly, when the accident took place, the deceased was coming back after attending the family function.
Issue notice upon the respondents the through registered post with acknowledgement due within fortnight from this date returnable six weeks hence.
The appeal will be heard and the stay of the order dated 31st March, 2007 passed by the Workmen's Compensation Commissioner & Deputy Labour Commissioner Muradabad Region, Muradabad in W.C.A. No.30 of 2006 (Smt. Yaseen Fatma Vs. The New India Assurance Co. Ltd. and another) will be operative since the entire sum of Rs.4,66,659/- has already been deposited by the appellant Insurance Company, as per the certificate of deposit annexed to the appeal. The Court below is at liberty to release 50% of the said sum to the claimant/s without furnishing security and the remaining balance amount of 50% on furnishing security for the same 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, 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 order/s of the Court whichever is applicable.
Translated copy of the judgment and order, if not filed, be filed on the next date of hearing.
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