Hon'ble Yogesh Chandra Gupta,J.
Order on Appeal It is submitted by Sri Rahul Sahai, learned counsel for the appellant, that the present appeal pertains to the same accident which is the subject-matter of FAFO No.2449 of 2011. In both the appeals, the respective Award was passed on the same date. However, while application under Section 170 of the Motor Vehicles Act, 1988 filed in the Claim Case giving rise to FAFO No. 2449 of 2011 was allowed by the Tribunal, similar application under Section 170 of the Motor Vehicles Act, 1988 filed in the Claim Case giving rise to the present appeal was rejected by the Tribunal.
Connect with F.A.F.O. No.2449 of 2011.
Admit.
Issue notice.
Notice on behalf of the claimant/respondent nos.1 to 2 has been accepted by Sri D.K. Singh, Advocate, who has filed caveat on behalf of the said respondents.
Notice will be issued to the remaining respondents by Registered Post A.D. fixing the next date fixed in the matter.
Order on Stay Application Issue notice.
Notice on behalf of the claimant/respondent nos.1 and 2 has been accepted by Sri D.K. Singh, Advocate, who has filed caveat on behalf of the said respondents.
Notice will be issued to the remaining respondents by Registered Post A.D. fixing the next date fixed in the matter.
Requisite steps will be taken within three weeks.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having considered the submissions made by Sri Rahul Sahai, learned counsel for the appellant, and Sri D.K. Singh, learned counsel for the claimant/respondent nos.1 and 2, it is directed that the operation of the impugned Award dated 30.04.2011 will remain stayed until further orders of the Court, provided within six weeks from today, the appellant deposits the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal, Saharanpur.
The amount so deposited by the appellant will be paid/invested as under:
(1) 50% of the amount awarded respectively to each of the claimant/respondent nos.1 and 2 under the impugned Award, will be paid respectively to each of such claimants/respondents without furnishing any security.
(2) Balance 50% of the amount awarded respectively to each of the claimant/respondent nos.1 and 2 under the impugned Award, will be invested in maximum interest bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the respective name of each of such claimants/respondents.
The amounts, invested in Fixed Deposits, as per the directions given above, will not be permitted to be withdrawn by the claimants/respondents without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits, will be permitted to be withdrawn by the concerned claimants/respondents, as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposits, will continue to be reinvested in the respective Fixed Deposits.
The amount of Rs. 25,000/- deposited by the appellant while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellant, as directed above.
In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated.
Counter Affidavit and Rejoinder Affidavit may be exchanged between the parties by the next date fixed in the matter.
List on 23rd November, 2011.
Order Date :- 19.7.2011 NS