National Insurance Co. Ltd. Thru. Its Branch Manager Faizabad Thru. Regional Manager v. Smt. Durgesh Tiwari and 4 Others
Case brief
What is this about?
FAFO 76 of 2025; Allahabad High Court Lucknow Bench; Prashant Kumar, J.; National Insurance Co. Ltd. vs Smt. Durgesh Tiwari; Section 173 Motor Vehicle Act 1988 appeal; MACT Ayodhya M.A.C.P. No.34 of 2016; award Rs.47,09,764 with interest; interim stay conditional on deposit; 50% release 50% fixed deposit; statutory amount Rs.25,000; drunken driving Section 185 MV Act; postmortem 150ml pasty matter alcohol smell; contributory negligence; accident technical report side collision WagonR motorcycle; admission stage order dated November 25, 2025; listed January 12, 2026.
What did the court decide?
Appeal admitted with notice to the respondents and summons for the Tribunal record; conditional interim stay of the impugned award dated October 23, 2024 upon deposit of the entire awarded amount (Rs.47,09,764/- with interest) within six weeks before the Claims Tribunal after adjusting the statutory amount; 50% of the deposit to be released to the claimants-respondents and the remaining 50% invested in a highest-interest fixed deposit in a nationalized bank subject to the final decision; statutory amount of Rs.25,000/- to be transmitted to the Tribunal within two weeks; failure to comply to result in vacation of the interim order and dismissal of the appeal; listed on January 12, 2026.