Shriram General Insurance Co. Ltd. Thru. Divisional Manager vs Meena Kumari and 4 Others — Allahabad HC (2025) — LawSathi Research

Shriram General Insurance Co. Ltd. Thru. Divisional Manager vs Meena Kumari and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Extension of one week from 10.7.2025 to deposit the amount in terms of the order dated 08.04.2025, subject to those terms (failure attracts no further time and forfeiture of the benefit of the order dated 08.04.2025); respondents already served and lower-court record available, so the appeal was declared ripe for hearing and listed for September 2025.

Issue for consideration

Whether the appellant should be granted additional time beyond the four-week period fixed by the Coordinate Bench's order dated 08.04.2025 to deposit the awarded amount along with interest, and on what terms such deposit must be made.

Court's answer

Considering the ground shown in the affidavit, the Court found that the appellant was prevented by sufficient cause to deposit the amount within the time granted.

Ratio / Principle

The appellant was permitted to deposit the amount in terms of the order dated 08.04.2025 within a week from the date of this order (order dated 10.7.2025).

Key takeaways

If the amount is deposited it shall follow the terms of the order dated 08.04.2025; failing which no further time will be granted and the appellant shall not be entitled to the benefit of the order dated 08.04.2025.ratio¶11

Detailed headnote1 paragraphs

CIVIL MISCELLANEOUS APPLICATION — EXTENSION OF TIME FOR DEPOSIT OF AWARDED AMOUNT. First Appeal From Order No. 126 of 2025, Shriram General Insurance Co. Ltd. Thru. Divisional Manager (appellant) vs Meena Kumari And 4 Others (respondents); High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8); decided on 10.7.2025 by Hon'ble Jaspreet Singh, J.; counsel for appellant: Prashant Tripathi. The appellant-insurer sought relaxation of the deposit condition imposed when a Coordinate Bench admitted the appeal vide order dated 08.04.2025 — namely, that the awarded amount along with up-to-date interest be deposited within four weeks, upon which further proceedings arising out of the impugned award dated 17.12.2024 passed by the Motor Accident Claim Tribunal, Lakhimpur Kheri in Motor Accident Claim Petition No.196 of 2017 (In Re Meena Kumari & Ors vs Naseem Ahmad & Ors) would remain stayed, the deposited amount to be placed in fixed deposit for one year with automatic renewal. Counsel submitted that exigencies prevented timely deposit and the amount was then ready. Finding sufficient cause shown in the affidavit, the Court permitted deposit within a week from 10.7.2025 in terms of the order dated 08.04.2025, cautioning that on failure no further time would be granted and the appellant would lose the benefit of that order. Since the respondents were served and the lower-court record was available, the appeal was held ripe for hearing and listed for September 2025.

Court No. - 8

Case :- FIRST APPEAL FROM ORDER No. - 126 of 2025

Appellant :- Shriram General Insurance Co. Ltd. Thru. Divisional Manager Respondent :- Meena Kumari And 4 Others Counsel for Appellant :- Prashant Tripathi

Hon'ble Jaspreet Singh,J.

(Civil Misc. Application No.2 of 2025)

The instant application has been moved by the appellant indicating that a Coordinate Bench of this Court while admitting the appeal vide order dated 08.04.2025 had required the appellant to deposit the amount along with up-to-date interest within a period of four weeks before the Court.

The relevant paragraph of the order dated 08.04.2025 reads as under:-

"7. It is provided that in case the awarded amount along with interest as of today is deposited before this Court within a period of four weeks, then further proceedings arising out of the impugned award dated 17.12.2024 passed by the learned Motor Accident Claim Tribunal, Lakhimpur Kheri in Motor Accident Claim Petition No.196 of 2017 In Re Meena Kumari & Ors vs Naseem Ahmad & Ors, shall remain stayed. Upon deposit of the aforesaid amount, the said amount be placed in fixed deposit for a period of one year with automatic renewal. "

Learned counsel for the appellant has submitted that on account of certain exigencies, the said amount could not be deposited within the time granted by the Court. It has been submitted that now the amount is ready to be deposited, once the Court may extend the same so that within a week, the amount can be deposited.

Considering the ground shown in the affidavit, this Court finds that the appellant was prevented by sufficient cause to deposit the amount.

Accordingly, the appellant is permitted to deposit the amount in terms of the order dated 08.04.2025 within a week from today. In case, if the amount shall be deposited, it shall follow the terms of the order dated 08.04.2025, failing which no further time will be granted and the appellant shall not be entitled to the benefit of the order dated 08.04.2025.

Since, the respondents have been served and the record of the lower Court record is available, hence, the appeal is ripe for hearing and it shall be listed in the month of September, 2025.

Order Date :- 10.7.2025

Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench