Uttar Pradesh State Road Transport Corporation v. Smt. Usha Devi and 5 Others

Allahabad HC22 Jan 2025FAFO/117/2025

Case brief

AI extract

What is this about?

The Allahabad High Court admitted the U.P.S.R.T.C.'s first appeal against the Motor Accident Claims Tribunal. The Tribunal award was stayed pending deposit of the full awarded amount and interest. The Tribunal is directed to release 50% immediately upon application without security and invest the balance in a fixed deposit.

What did the court decide?

Stay of Tribunal award pending deposit; Tribunal directed to release 50% immediately without security and invest balance; further directions for remission of statutory deposit and final hearing in May

Uttar Pradesh State Road Transport Corporation vs… — Execution and Attachment | Allahabad HC (2025)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 117 of 2025

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Appellant :- Uttar Pradesh State Road Transport Corporation Respondent :- Smt. Usha Devi And 5 Others Counsel for Appellant :- Awadhesh Kumar Saxena

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the appellant.

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This is U.P.S.R.T.C's appeal challenging the award passed by Motor Accident Claims Tribunal.

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After hearing the learned counsel for the appellant, certain arguable points appear to be involved in the case.

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Admit .

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Issue notice to the opposite party(ies). Steps be taken within two weeks by registered speed post.

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Summon the photo-stat copy of the record of Tribunal after the amount is deposited and disbursed to the claimants in terms of this order.

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Requirement of filing formal paper book is dispensed with.

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The appeal shall be heard after perusing the record. Learned counsel shall be at liberty to refer the relevant documents from record at the time of hearing.

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Until further orders of this Court, the effect and operation of the award dated 05.11.2024 passed by the Presiding Officer, Motor Accident Claim Tribunal, Auraiya in M.A.C.P. No.195 of 2020 (Smt. Usha Devi and others Vs. U.P.S.R.T.C. and another) shall remain stayed , provided the appellant deposits entire amount awarded by the Tribunal along with upto date interest before the Tribunal within a month from today.

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The Tribunal shall release 50% of the amount deposited by the appellant under this order in favour of the claimants immediately on filing of an application by them, without asking for any security/surety. Share of minor claimant(s) (if any), shall be invested in fixed deposit scheme till he/she/they would attain majority.

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The remaining amount shall be invested by the Tribunal in any nationalized bank in the highest interest bearing security.

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Release of the remaining amount shall be subject to further orders that may be passed by this Court in the instant appeal.

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The statutory deposit of Rs.25,000/- made by the appellant before this Court shall be remitted to the Tribunal forthwith to be adjusted in the amount to be deposited by the appellant under this order.

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In case of default in depositing the amount, as directed above, the interim protection granted shall automatically stand vacated and the award shall be executed forthwith.

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List before appropriate Bench for final hearing in May, 2025 .

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Order Date :- 22.1.2025 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Uttar Pradesh State Road Transport Corporation v. Smt. Usha Devi and 5 Others

Case brief

What is this about?

What did the court decide?

Uttar Pradesh State Road Transport Corporation v. Smt. Usha Devi and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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