Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3126 of 2018 Appellant :- National Insurance Company Limited Respondent :- Smt. Munni Devi And 7 Others Counsel for Appellant :- Nishant Mehrotra
Hon'ble Ashok Kumar,J.
Heard Sri Nishant Mehrotra, learned counsel for the appellant. Admit.
Issue notice to respondent No. 1,2,7 and 8. Steps be taken within three days.
The office is directed to send the notice through speed post within a week. List after six weeks.
Until further orders, the operation of the impugned judgment and award dated 23.01.2018 passed by the Motor Accident Claims Tribunal / Additional District Judge, Mainpuri in M.A.C.P. No.281 of 2006 shall remain stayed provided the appellant deposits the entire decretal amount awarded against it before the Motor Accident Claims Tribunal within a period of one month from today. Out of the aforesaid decretal amount, the claimant/respondent shall be entitled to withdraw 50% of the amount to be deposited on furnishing security other than cash or bank guarantee to the satisfaction of the Tribunal and the balance 50% of the decretal amount shall be invested in a fixed deposit in a Nationalised Bank for a period of three years to be renewed from time to time.
It is made clear that in case of default in making aforesaid, this interim order shall stand automatically discharged without further reference to this Court.
Any amount deposited in this Court shall be remitted to the concerned Tribunal within two weeks and the same shall be duly accounted for/adjusted while making the aforesaid deposit.
The respondents may file their counter affidavits within four weeks and counsel for the appellant shall take steps within three days. The office is directed to send a notice within a week.
Order Date :- 25.7.2018 Akram