Haneef Uddin vs Smt Kavita and 5 Others

Court No. - 35

Case :- FIRST APPEAL FROM ORDER No. - 1751 of 2024

Appellant :- Haneef Uddin Respondent :- Smt Kavita And 5 Others Counsel for Appellant :- Noor Muhammad,Yogesh Kumar Srivastava

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Hon'ble Vipin Chandra Dixit,J.

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Heard Mr. Noor Muhammad, learned counsel for the appellant and perused the record.

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This FAFO has been filed by the appellant-driver of motorcycle against the judgment and order dated 14.3.2024 passed by the Presiding Officer, Motor Accident Claims Tribunal, Banda in MACP No.53/70/2018(Smt. Kavita and others vs. Ramjaan Khan and another), by which compensation of Rs.7,30,400/alongwith 7% annual interest has been awarded in favour of claimants/respondent nos. 1 to 5.

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It is submitted by learned counsel for the appellant that owner of motorcycle has already filed FAFO No.924 of 2024 before the Court which was admitted on 20.5.2024 and interim order was granted directing the owner of motorcycle to deposit 50% of the awarded amount including interest and claimants were directed to withdraw the entire deposited amount. He further submits that under the law only owner of the vehicle is liable to satisfy the award under the vicarious liability and the appellant being driver of motorcycle is not liable to pay any compensation to the claimants.

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Admit.

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Issue notice to respondents. Steps be taken within one week by registered post.

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List alongwith FAFO No.924 of 2024.

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Until further orders, effect and operation of the judgment and award dated 14.3.2024 passed in the aforesaid case, against the appellant shall remain stayed.

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The statutory deposit of Rs.25,000/- shall be remitted to the claims Tribunal which shall be invested in fixed deposit scheme in any nationalized bank till disposal of this appeal.

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Order Date :- 26.9.2024 P.P.

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Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Haneef Uddin v. Smt Kavita and 5 Others

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Haneef Uddin v. Smt Kavita and 5 Others

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