Disposed

The New India Assurance (Insurance) Company Limited v. Roshni and 6 Others

Allahabad HC23 Jan 2025FAFO/249/2025

Case brief

AI extract

What is this about?

Hearing an appeal against an awards amount in a motor accident claim. Appellant argued contributory negligence was ignored and compensation was exorbitant. Court admitted appeal and granted a stay on realization subject to deposit of the awarded amount with interest.

What did the court decide?

Stay on realization of awarded amount pending deposit of the amount with interest by appellant within two months; 50% reimbursed on deposit; balance in fixed deposit.

The New India Assurance (Insurance) Company Limited… — Motor Accident Claims | Allahabad HC (2025)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 249 of 2025

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Appellant :- The New India Assurance (Insurance) Company Limited Respondent :- Roshni And 6 Others Counsel for Appellant :- Abhinav Shukla

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Hon'ble Dinesh Pathak,J.

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Instant appeal has been filed on behalf of Insurance Company.

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It is submitted that the contributory negligence of the other vehicle has illegally been ignored by the learned Tribunal. It is next submitted that compensation has been awarded exorbitantly.

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The appeal is admitted.

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Let the record of the court below be summoned and notices be issued to all the respondents through R.P.A.D. as well as normal mode of service fixing 24.04.2025 as the date. Steps may be taken within ten working days.

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Order on Stay Application :-

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Issue notice to the respondents, as observed above. In the meantime, parties shall exchange their respective affidavits, if any.

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Until further orders of this Court, realization of the awarded amount in pursuance of the judgment/award dated 31.08.2024 passed by the Tribunal shall remain stayed provided the appellant deposits the entire awarded amount with interest before the Tribunal concerned within a period of two months from today. On deposit being made, 50% of the deposited amount shall be reimbursed to the claimants as per conditions observed by the Tribunal in its judgment and the remaining 50% of the amount shall be kept in the fixed deposit in any nationalized bank.

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The statutory amount so deposited by the appellant in this Court shall be remitted to the tribunal concerned for being adjusted towards the amount to be deposited by the appellant.

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If the amount is not deposited within the stipulated period, this interim order shall stand automatically vacated and the impugned award shall become executable forthwith.

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Order Date :- 24.2.2025 VR

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Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad

The New India Assurance (Insurance) Company Limited v. Roshni and 6 Others

Case brief

What is this about?

What did the court decide?

The New India Assurance (Insurance) Company Limited v. Roshni and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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