Sri Samir Sharma learned counsel for the appellant has submitted that the accident was a case of composite negligence and therefore the corporation could not be made solely liable to compensate for the injuries received by the claimant respondent.
In view of the aforesaid circumstances it is provided that in case the appellant deposits the entire decretal amount before the Motor Accident Claims Tribunal within one month from today the recovery sought to be made by virtue of the award dated 13.10.2009 passed by M.A.C.T./A.D.J. Special Judge (Anti Corruption) Varanasi in MAC no. 210/2004 shall remain stayed.
In the event of default the award shall become executable forthwith.
From the amount so deposited the claimant will be entitled to withdraw 50 percent of the amount without any security and the balance amount shall be kept in an interest bearing account of a nationalized bank by the Tribunal. The amount of Rs. 25,000 deposited under Section 173 of the Motor Vehicles Act be remitted to the Tribunal for being given due adjustment.
Order Date :- 3.2.2010 Pravin Court No. - 19 Case :- FIRST APPEAL FROM ORDER No. - 325 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Manish Kumar Gupta And Others Petitioner Counsel :- Samir Sharma Hon'ble Sanjay Misra,J.
Issue notice to the respondents. Steps be taken within two weeks.
Order Date :- 3.2.2010 Pravin