Disposed

Sajjan Kumar Tiwari v. State of U.P. and 6 Others

Allahabad HC4 Apr 2022WRIC/8587/2022

Case brief

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What is this about?

Order in a writ petition directed the Motor Accident Claims Tribunal, Allahabad to expedite recovery proceedings within two weeks to ensure payment of an awarded compensation amount after a lapse of over four years without payment.

What did the court decide?

MACT directed to list execution case within two weeks and complete recovery within a further two weeks if no stay exists.

Sajjan Kumar Tiwari Vs State of U.P. and 6 Others — Banking and Recovery | Allahabad HC (2022)

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Court No. - 38

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Case :- WRIT - C No. - 8587 of 2022

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Petitioner :- Sajjan Kumar Tiwari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Raj Kumar Kesari, learned counsel for the petitioner and learned Standing Counsel for the Staterespondents.

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Submission of learned counsel for the petitioner is that a modest sum of Rs. 4,81,376/- has been awarded by the Motor Accident Claims Tribunal, Allahabad vide order dated 30.10.2017 in Claim Petition No. 200 of 2000 (Sajjan Kumar Tiwari Vs. Santosh Kumar Singh & Ors.).

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Against that award, the insurance company has preferred FAFO Defective No. 432 of 2018. Though that appeal has been entertained, however, no interim order has been passed. More than four years have passed, however, no part of the compensation has been paid out to the petitioner.

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Without entering into the merits of the case, present writ petition is disposed of with the following observations:

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(i) The petitioner shall file a copy of this order before the MACT, Allahabad within a period of two weeks from today. (ii) The MACT, Allahabad may ensure to list the Execution Case No. 2262 of 2018 within a period of two weeks from such compliance being made by the petitioner. At the same time, it may ascertain if there is any interim order on record to stay the operation and effect of the award dated 30.10.2017.

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(iii) If there is no stay order or other legal impediment operating against the impugned award dated 30.10.2017, the Tribunal shall ensure that the recoveries are completed within a further period of two weeks by adopting such measures as are available in law and as have become necessary on account of lapse of time.

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Order Date :- 4.4.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.04.06 09:41:30 IST Reason: Location: High Court of Judicature at Allahabad

Sajjan Kumar Tiwari v. State of U.P. and 6 Others

Case brief

What is this about?

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Sajjan Kumar Tiwari v. State of U.P. and 6 Others

Case brief

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