The Oriental Insurance Company Limited vs Gulveer Singh and 4 Others — Allahabad HC (2025) — LawSathi Research

The Oriental Insurance Company Limited vs Gulveer Singh and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted with notice to respondents; as an interim measure, effect and operation of the impugned judgment and award dated 25.06.2025 stayed until further orders, conditional on the appellant depositing the entire compensation amount including interest before the Claims Tribunal within two months; claimants permitted to withdraw 50% of the deposit without security and the remaining 50% to be kept in a nationalized-bank fixed deposit pending the appeal; failure to comply will vacate the interim order.

Issue for consideration

Whether the first appeal filed by the appellant-Insurance Company involves arguable points warranting admission, and whether the effect and operation of the impugned tribunal award should be stayed in the meanwhile.

Court's answer

Certain arguable points appear to be involved in the case, and on that basis the first appeal was admitted.

Ratio / Principle

Until further orders, the effect and operation of the impugned judgment and award dated 25.06.2025 shall remain stayed, provided the appellant deposits the entire compensation amount including interest, as per the impugned award, before the concerned Claims Tribunal within two months.

Key takeaways

The claimants-respondents are entitled to withdraw 50% of the deposited amount in equal proportionate shares as per the direction in the award without furnishing any security, and the remaining 50% is to be invested in a maximum interest bearing fixed deposit scheme of a nationalized bank to abide by the result of the appeal.ratio¶22
The statutory amount of Rs.25,000/- deposited by the appellant in this Court shall be transmitted to the Claims Tribunal within two weeks, to be adjusted against the compensation amount to be deposited by the appellant.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.), November 4, 2025: In First Appeal From Order No. 2078 of 2025 filed by The Oriental Insurance Company Limited against the judgment and award dated 25.06.2025 of the Motor Accident Claims Tribunal, Bulandshahr in M.A.C.P. No. 273 of 2020 (Gulveer Singh & Others Vs. Yogendra Pal Singh & Others), the Court found certain arguable points and admitted the appeal. The effect and operation of the impugned award was stayed until further orders, conditional upon the appellant depositing the entire compensation amount including interest before the concerned Claims Tribunal within two months. The claimant-respondents were made entitled to withdraw 50% of the deposited amount in equal proportionate shares without furnishing security, while the remaining 50% is to be invested in a maximum interest bearing fixed deposit scheme of a nationalized bank to abide by the result of the appeal. The statutory amount of Rs.25,000/- deposited in this Court is to be transmitted to the Claims Tribunal within two weeks for adjustment against the compensation deposit. Non-compliance by the appellant will result in the interim order standing vacated. Notice was ordered to the respondents, the requirement of filing a formal paper book was dispensed with, and the appeal is to be heard after perusing the original Tribunal record.

HIGH COURT OF JUDICATURE AT ALLAHABAD

FIRST APPEAL FROM ORDER No. - 2078 of 2025

The Oriental Insurance Company Limited

.....Appellant(s)

Versus

Gulveer Singh And 4 Others	.....Respon
Counsel for Appellant(s)	: Udai Shanker Mishra
Counsel for Respondent(s)	:

.....Respondent(s)

Court No. - 2

HON'BLE PRAKASH PADIA, J.

Heard learned counsel for the appellant and perused the record.

This first appeal from order has been filed by the appellant-Insurance Company against the judgment and award dated 25.06.2025 passed by Presiding Officer, Motor Accident Claims Tribunal, Bulandshahr in M.A.C.P. No. 273 of 2020, (Gulveer Singh & Others Vs. Yogendra Pal Singh & Others).

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

Admit.

Issue notice to the respondents. Steps be taken within two weeks by registered speed post.

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

List on the date indicated in the notice.

Requirement of filing formal paper book is dispensed with.

FAFO No. 2078 of 2025

2

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

In the meanwhile and until further orders of this Court, effect and operation of impugned judgment and award dated 25.06.2025 passed in aforesaid case, shall remain stayed, provided the appellant deposits entire compensation amount including interest as per impugned award before the concerned Claims Tribunal within two months from today.

The claimants-respondents are further made entitled to withdraw 50% of the deposited amount in equal proportionate as per direction in the award without furnishing any security. The remaining 50% amount is directed to be invested in some maximum interest bearing fixed deposit scheme of a nationalized bank to abide by the result of this appeal.

The statutory amount of Rs.25,000/- deposited by the appellant herein this Court shall be transmitted within two weeks to the Claims Tribunal to be adjusted against the amount of compensation to be deposited by the appellant.

In the event, appellant fails to comply with the aforesaid direction, the interim order shall stand vacated.

(Prakash Padia,J.)

November 4, 2025 Pramod Tripathi

Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad