Disposed

The Oriental Insurance Company Ltd., Lucknow Thru. Manager v. Smt. Sita Devi and Others

Allahabad HC13 Nov 2024FAFO/207/2024

Case brief

AI extract

What is this about?

Insurer's appeal against a Motor Accident Claims Tribunal award granting compensation including to the deceased's father. The court admitted the appeal, issued notice, and granted interim protection conditional on deposit of the decretal amount with partial release and investment of the remainder.

What did the court decide?

Appeal admitted, notice issued; coercive action stayed if decretal amount deposited within four weeks; 50% released to respondent no.1, balance invested in fixed deposit.

The Oriental Insurance Company Ltd., Lucknow Thru… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 6

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Case :- FIRST APPEAL FROM ORDER No. - 207 of 2024

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Appellant :- The Oriental Insurance Company Ltd., Lucknow Thru. Manager Respondent :- Smt. Sita Devi And Others Counsel for Appellant :- Satyajit Banerji

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Hon'ble Rajnish Kumar,J.

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Shri Satyajit Banerji, learned counsel for the appellant submits that claimant-respondents no.1 and 2 are the father and mother of the deceased, whereas the father cannot be said to be dependent on his daughter without any proof and if he has his independent income, but without considering it the Tribunal has allowed 50% of the compensation to the respondent no.2 i.e. the father of the deceased also without considering the law laid down by the Hon'ble Supreme Court.

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The matter requires consideration.

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Admit.

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Issue notice.

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Summon the Lower Court Record.

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Steps to be taken within a week.

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List with service report.

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In case the appellant deposits the total decretal amount alongwith interest with the concerned Tribunal after adjusting the statutory deposit made before this court within a period of four weeks from today, no coercive action shall be taken against the appellant in pursuance of the impugned judgment and award dated 24.04.2024 passed by the Motor Accident Claims Tribunal (South), Lucknow in Motor Accident Claim Petition No.843 of 2017; Smt.Sita Devi and another Versus Smt.Saroj Verma and others till the next date of listing.

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After deposit of the amount under this order, 50% of the amount awarded to claimant-respondent no.1 shall be released forthwith in her favour, which is to be paid through Account Payee Cheque/RTGS/NEFT in terms of the impugned judgment and award dated 24.04.2024 passed by the Motor Accident Claims Tribunal (South), Lucknow in Motor Accident Claim Petition No.843 of 2017; Smt.Sita Devi and another Versus Smt.Saroj Verma and others.

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The rest of the amount shall be invested in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

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The lower Court record shall be sent to this court after release of the amount in terms of this order.

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...................................... .(Rajnish Kumar,J.) Order Date :- 29.7.2024 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

The Oriental Insurance Company Ltd., Lucknow Thru. Manager v. Smt. Sita Devi and Others

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Ltd., Lucknow Thru. Manager v. Smt. Sita Devi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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