First appeal against Motor Accident Claims Tribunal award. Court admits appeal, issues notice to third respondent, summons record, and orders conditional stay pending deposit of decree amount.
Condonation of time, stay of impugned judgment/award pending deposit of total decreetal amount. Stay released if no appeal filed within time limit.
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Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 317 of 2024
Appellant :- Pawan Kumar Singh Respondent :- Haushila And 2 Others Counsel for Appellant :- Nijam Ahamad,Adnan Ahmad Counsel for Respondent :- K.K. Singh,Mukesh Singh
Hon'ble Rajnish Kumar,J.
Heard Shri Adnan Ahmad, learned counsel for the appellant and Shri Faizal Hashmi, Advocate holding brief of Shri Mukesh Singh, learned counsel for the respondent nos.1 and 2
Learned counsel for the appellant submits that the vehicle of the appellant has falsely been implicated in the case, whereas the accident had not occurred from his vehicle. He further submits that the father of the deceased i.e. PW-2 has lodged the F.I.R. stating that the bus is standing on the spot, whereas as per evidence given before the tribunal, the bus had run away after the accident. The PW-2 has stated that the bus was caught on the spot and police had also come but the bus was seized from his house.
Learned counsel for the claimant-respondent nos.1 and 2 submits that the charge sheet has been filed against the driver of the offending vehicle, which is of the appellant, therefore, it can not be said that the accident had not occurred from the vehicle of the appellant.
The matter requires consideration.
Admit.
Issue notice to the respondent no.3.
Summon the lower court record.
Steps within two weeks.
In case, the total decreetal amount alongwith interest till the date of deposit, after adjusting the statutory deposit made before this Court, is deposited with the concerned tribunal within a period of six weeks from today, the impugned judgment and award dated 04.06.2024 and 20.06.2024 passed in M.A.C.P. No.166 of 2017 (Haushila & Another Vs. Pawan Kumar Singh & Another) by learned Motor Accident Claims Tribunal, Faizabad (Ayodhya), shall remain stayed.
If the appellant deposits the aforesaid amount, the same shall be kept in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.
...................................................................(Rajnish Kumar, J.) Order Date :- 25.10.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Pawan Kumar Singh
Haushila
Two Others
Respondent No. 3
Rajnish Kumar
As recorded by the court registry
7 orders share this CNR
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