Partly allowed

National Insurance Company Ltd. v. Smt Krishna Devi and 6 Others

Allahabad HC14 Nov 2024FAFO/1436/2024

Case brief

AI extract

What is this about?

This is a brief order admitting an insurance company's first appeal against a Motor Accident Claims Tribunal award. The court stayed the award's operation pending the deposit of the full awarded amount and interest, directed partial interim release to claimants, and listed the matter for final hearing.

What did the court decide?

Stayed the lower award if the appellant deposits the full amount within one month; ordered immediate 50% release to claimants; listed for hearing in March 2025.

National Insurance Company Ltd. vs Smt Krishna Devi and 6 Others — Insurance | Allahabad HC (2024)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 1436 of 2024

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Appellant :- National Insurance Company Ltd Respondent :- Smt Krishna Devi And 6 Others Counsel for Appellant :- Amit Manohar Counsel for Respondent :- Krishna Mohan Rai

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the appellant and Sri Krishna Mohan Rai, learned counsel for the claimant-respondents no.1 to 6.

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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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4. Admit .

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Issue notice to the respondent no.7. Steps be taken within two weeks by registered speed post.

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Summon the record of Tribunal after the amount is deposited and disbursed to the claimants in terms of this order.

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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 23.04.2024 passed by the Presiding Officer, Motor Accident Claim Tribunal, Firozabad in M.A.C.P. No.305 of 2019 (Smt. Krishna Devi and others Vs. National Insurance Co. Ltd. and another) 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 March, 2025 .

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Order Date :- 14.11.2024 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

National Insurance Company Ltd. v. Smt Krishna Devi and 6 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Smt Krishna Devi and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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