Disposed

United India Insurance Company Limited v. Smt Asma and 2 Others

Allahabad HC12 Aug 2024FAFO/407/2024

Case brief

AI extract

What is this about?

This is an interim order staying the Motor Accident Claims Tribunal award upon the appellant depositing the awarded sum and interest, with subsequent disposal of 50% under a fixed deposit scheme for the claimants.

What did the court decide?

Stay of impugned award pending deposit of Rs. 6,29,581/- plus interest by appellant, with 50% release to claimants and 50% fixed deposit.

United India Insurance Company Limited vs Smt Asma… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 35

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Case :- FIRST APPEAL FROM ORDER No. - 407 of 2024 Appellant :- United India Insurance Company Limited Respondent :- Smt Asma And 2 Others Counsel for Appellant :- Krishna Shanker Chaudhary Counsel for Respondent :- Ram Shiromani Yadav

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri K.S. Chaudhary, learned counsel for the appellant, Sri R.S. Yadav, learned counsel appearing on behalf of claimantrespondent nos. 1 & 2 and perused the record.

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This first appeal from order has been filed by appellant Insurance Company against the judgemnt and award dated 31.07.2023, passed by Motor Accident Claims Tribunal, Moradabad, in Motor Accident Claim Petition No. 183 of 2017 by which, compensation of Rs. 6,29,581/- along with 7.5% interest has been awarded to the claimant-respondent nos. 1 & 2.

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It is submitted by learned counsel for the appellant that claimants had failed to prove the factum of accident by producing cogent evidence. It is further submitted that no first information report has been lodged in respect of alleged accident. Lastly, it is submitted that the postmortem of the deceased was not conducted, as such, the cause of death could not be ascertained.

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The matter requires consideration.

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Admit.

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Sri R.S. Yadav, Advocate has already put in appearance on behalf of claimant-respondent nos. 1 & 2.

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Issue notice to respondent no. 3.

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Steps be taken within one week by registered post.

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Summon the record of claims tribunal on the expenses of appellant.

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List after two months along with record of F.A.F.O. No. 406 of 2024.

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Until further orders, effect and operation of impugned judgment and award dated 31.07.2023, passed in the aforesaid case shall

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remain stayed provided the appellant deposits entire awarded amount including interest within two months from today. The claimants respondents are entitled to withdraw 50% of the deposited amount without furnishing any surety and remaining 50% is directed to be invested in fixed deposit scheme in any nationalized bank.

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The statutory deposit of Rs.25,000/- shall be remitted to the claims Tribunal for adjustment to the amount deposited by the appellant.

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However, in case of default in depositing the amount, as indicated above, the interim protection granted today, shall automatically stand vacated.

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Order Date :- 12.8.2024 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

United India Insurance Company Limited v. Smt Asma and 2 Others

Case brief

What is this about?

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United India Insurance Company Limited v. Smt Asma and 2 Others

Case brief

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