Oriental Insurance Company Ltd. Thru. Manager / Deputy Manager Regional Office Lko. v. Imran Jahan and 4 Others

Allahabad HC11 Dec 2024FAFO/335/2024

Case brief

AI extract

What is this about?

This order stays the implementation of an impugned Motor Accident Claims Tribunal judgment pending the appellant's deposit of decretal amount with interest within six weeks, directing investment of the deposit in a fixed deposit account.

What did the court decide?

Stayed operation of impugned MACT judgment conditional on deposit of decretal amount with interest within six weeks.

Oriental Insurance Company Ltd. Thru. Manager / Deputy Manager Regional Office Lko. vs Imran Jahan and 4 Others — Allahabad HC (2024) — LawSathi Research

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Court No. - 4

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Case :- FIRST APPEAL FROM ORDER No. - 335 of 2024

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Appellant :- Oriental Insurance Company Ltd. Thru. Manager / Deputy Manager Regional Office Lko. Respondent :- Imran Jahan And 4 Others Counsel for Appellant :- Mrs. Pooja Arora

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Hon'ble Rajnish Kumar,J.

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Mrs. Pooja Arora, learned counsel for the appellant submits that the GD entry was made in regard to the alleged accident on the information given by one Sri Sardar Shankar Singh Sodhi, resident of Matera Chauraha,Police Station Kotwali Nanpara, District Bahraich but he was not produced in evidence. P.W.2 Om Prakash was produced as eye witness, whose presence is doubtful because he could not tell the date and year of accident. She further submits that the inquest was made as unknown and if P.W.2 was present and known to the deceased, he could have informed about him. Thus, the submission is that the rash and negligent driving by the offending vehicle could not be proved. She also submits that there is contradiction about the incident in the GD entry and evidence of P.W.2.

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The matter requires consideration.

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Issue notice.

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Summon the lower court record.

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Steps to be taken within ten days.

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In case the appellant deposits the total decretal amount alongwith interest till the date of payment with the concerned Tribunal after adjusting the statutory deposit made before this court within a period of six weeks from today, the operation and implementation of the impugned judgment dated 01.08.2024 passed by the Motor Accident Claims Tribunal/Presiding Officer/District Judge,Bahraich in Motor Accident Claim Petition No.32/70/2019(Imran Jahan and others versus the Oriental Insurance Company and others) shall remain stayed till the next date of listing.

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The amount deposited by the appellant under this order 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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Order Date :- 23.10.2024 Akanksha Sri.

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Oriental Insurance Company Ltd. Thru. Manager / Deputy Manager Regional Office Lko. v. Imran Jahan and 4 Others

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. Thru. Manager / Deputy Manager Regional Office Lko. v. Imran Jahan and 4 Others

Case brief

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What did the court decide?

What the court decided

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