Hon'ble Dinesh Gupta,J.
Heard Shri Rahul Sahai, learned counsel for the appellant and Shri Ajay Bhanot, learned counsel appearing for the respondents.
Admit.
Issue notice.
Shri Ajay Bhanot, Advocate has accepted notice on behalf of the respondent nos. 1 to 4.
Issue notice to the respondent nos. 5 and 6.
Learned counsel for the appellant submitted that the accident has occurred on account of negligence of the driver of Maruti Swift. The Maruti Swift has hit the offending Truck from the backside. Though, the Tribunal has accepted the contributory negligence but has illegally apportioned the liability to the accident of 20% only on the driver of the Maruti Swift and 80% on the Truck.
Learned counsel for the appellant further submitted that multiplier applied at 18 times is excessive and having regard to the age of the deceased, the multiplier at 17 times should be applied.
Until further order of this Court, the operation of the judgment and award dated 3.3.202014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Aligarh in M.A.C.P. No. 296/2013 (Smt. Pooja Sharma and others vs. Saruram and others), shall remain stayed, provided the appellant may deposit Rs. 75 lac within a period of two months. Out of the amount deposited, the claimants shall be entitled to withdraw 40% of the amount as per the directions given by the Tribunal and remaining balance amount shall be kept in Fixed Deposit Scheme in a Nationalized Bank, yielding maximum interest. Any amount already deposited shall be given adjustment.
Office is directed to remit the statutory amount within a period of two months to the concerned Tribunal.
In case of any default to deposit the aforesaid amount, the interim order shall stand vacated.
Order Date :- 22.5.2014 Ajeet