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2025 DAILYLAW 171289 (ALL)

RAM NEWAS v. SMT. KANTI AND 3 OTHERS

FAFO/2102/2025 · 2025-11-17

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 2102 of 2025 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J. Heard learned counsel for the appellant(s). This is owner's appeal challenging the award dated 30.5.2025 and decree 9.6.2025 passed by the Motor Accident Claims Tribunal in MACP No. 37/2021. After hearing the learned counsel for the appellant(s), certain arguable points appear to be involved in the case. Admit. Issue notice to the claimant(s) - respondent(s). Steps be taken within a week from today by registered/speed post. List on the date fixed in the notice. Office is directed to summon the photocopy of the record of the lower court. In the facts and circumstances of the case, it is provided that in case the appellant(s) deposits 50% of the decreetal amount under impugned award, including up-to-date interest after adjusting the statutory deposit, within a period of six weeks from today before the Tribunal concerned, the operation and enforcement of the impugned judgment & award shall remain stayed until further order of this Court. Versus Counsel for Appellant(s) : Kunwar Abhishek Singh, Suresh Pratap Singh Counsel for Respondent(s) : Ram Newas .....Appellant(s) Smt. Kanti And 3 Others .....Respondent(s) On deposit, 25% of the deposited amount would be released in favour of the claimants, on their application, in the same ratio and proportion as directed by the Tribunal without furnishing security and remaining 25% of the amount would be invested in a fixed term interest bearing account in some Nationalized Bank for an initial period of two years renewable from time to time. In the case appellant(s) does not comply with the above direction within the prescribed time, the interim order granted today shall automatically stand vacated. The Registry of this Court is directed to send back the statutory deposit to the concerned Tribunal for adjusting it towards the deposit of the awarded amount. March 11, 2026 Rahul Dwivedi/- FAFO No. 2102 of 2025 2 (Piyush Agrawal,J.) Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad