New India Assurance Co. Ltd. Thru. Branch Manager v. Mohd. Zaid and 3 Others
Case brief
What is this about?
FAO 322/2025, Allahabad High Court, Lucknow Bench, Judge Jaspreet Singh, order dated 5.8.2025. Insurer appellant contests award quantum and missing composite-negligence recovery rights, invoking Khenyei (2015) 9 SCC 273. Appeal admitted; notice to respondent no.5; lower court record called for; conditional stay of award on deposit of entire award sum (statutory deposit adjustable) with 50% interim release to claimant; relisting last week of September 2025. Keywords: composite negligence, recovery rights, quantum of award, Khenyei, conditional stay, statutory deposit, first appeal from order.
What did the court decide?
Appeal admitted (notice to respondent no.5; lower court record summoned; steps within a week; matter to be listed along with record in the last week of September, 2025), with a conditional interim stay: the operation of the award shall remain stayed if the appellant deposits the entire award sum after adjusting the statutory deposit, and on that deposit 50% shall be released in favour of the claimant respondent.