Disposed

The New India Assurance Company Ltd. v. Sanjay Sharma and 4 Others

Allahabad HC2 Aug 2024FAFO/1413/2024

Case brief

AI extract

What is this about?

The High Court admitted the insurance company's appeal against the Motor Accident Claims Tribunal's award but stayed its operation pending the deposit of the awarded amount with interest. The Court directed the Tribunal to release 50% of the deposited sum immediately to claimants.

What did the court decide?

Stay on award order made subject to deposit; 50% of deposited amount to be released immediately to claimants.

The New India Assurance Company Ltd. vs Sanjay… — Execution and Attachment | Allahabad HC (2024)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 1413 of 2024

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Appellant :- The New India Assurance Company Ltd Respondent :- Sanjay Sharma And 4 Others Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- Mohd. Asim Zulfiquar

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the appellant.

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This is insurance company's appeal challenging the award passed by Motor Accident Claims Tribunal.

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After hearing the learned counsel for the appellant, certain arguable points appear to be involved in the case.

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Admit .

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Shri Mohd. Asim Zulfeqar, learned counsel has put in appearance on behalf of respondent Nos.1 to 3, therefore, there is no need to issue notice to them.

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Issue notice to respondent Nos.4 and 5. Steps be taken within two weeks by registered speed post.

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Summon the record of Tribunal within two months.

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Requirement of filing formal paper book is dispensed with.

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The appeal shall be heard after perusing the original record. Learned counsel shall be at liberty to refer the relevant documents from original record at the time of hearing.

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Until further orders of this Court, the effect and operation of the award dated 16.02.2024 passed by Motor Accident Claim Tribunal in M.A.C.P. No.400 of 2018 (Sanjay Sharma and others v. The New India Assurance Co. Ltd. and others) shall remain stayed, provided the appellant deposits entire amount awarded by the Tribunal along with upto date interest before the Tribunal within a month from today.

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The Tribunal shall release 50% of the amount deposited by the appellant under this order in favour of the claimants immediately on filing of an application by them, without asking for any security/surety. Share of minor claimant(s) (if any), shall be invested in fixed deposit scheme till he/she/they would attain majority.

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The remaining amount shall be invested by the Tribunal in any nationalized bank in the highest interest bearing security.

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Release of the remaining amount shall be subject to further orders that may be passed by this Court in the instant appeal.

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The statutory deposit of Rs.25,000/- made by the appellant before this Court shall be remitted to the Tribunal forthwith to be adjusted in the amount to be deposited by the appellant under this order.

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In case of default in depositing the amount, as directed above, the interim protection granted shall automatically stand vacated and the award shall be executed forthwith.

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List before appropriate Bench for final hearing in February, 2025 alongwith F.A.F.O. No.1675 of 2024 (The New India Assurance Company Ltd. vs. Lal Singh and others).

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Order Date :- 6.11.2024 Jyotsana

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Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

The New India Assurance Company Ltd. v. Sanjay Sharma and 4 Others

Case brief

What is this about?

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The New India Assurance Company Ltd. v. Sanjay Sharma and 4 Others

Case brief

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