Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 7607 (ALL)

THE NEW INDIA ASSURANCE CO.LTD. MORADABAD v. SHAMIMA KHATOON AND OTHERS

FAPL/506/1999 · 2025-04-16

Shekhar Kumar Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56287 Court No. - 36 Case :- FIRST APPEAL No. - 506 of 1999 Appellant :- The New India Assurance Co.Ltd. Moradabad Respondent :- Shamima Khatoon And Others Counsel for Appellant :- Pradeep Kumar,S.K.Mehrotra Counsel for Respondent :- Awadhesh Mishra,Dileep Chandra Mishra Hon'ble Shekhar Kumar Yadav,J. 1. Heard Sri Dileep Chandra Mishra, learned counsel for the respondents and Sri S.K.Mehrotra, learned counsel for the appellant. 2. The present appeal has been preferred against the judgment and decree dated 26.3.1999 passed by the Tribunal/Works Man Compensation Commissioner/District Magistrate, Moradabad in Case No.17 of 1997 (Smt. Shamima Khatoon and others Vs. M/S S.E.R. Industries Limited. 3. Learned counsel for the appellant submits that the Division Bench of this Court, vide order dated 27.5.1999, admitted the appeal and stayed further proceedings directing the appellant to deposit the entire compensation amount of Rs.2,03,850/- with the Tribunal concerned within a period of one month. 4. It is admitted that in pursuance of the order dated 27.5.1999, the entire amount awarded by the Tribunal has already been deposited by the appellant before the Tribunal and 50% of the amount has already been withdrawn by the claimant-respondents and the rest balance 50% of the amount has been kept in a FDR of Nationalized Bank. 5. Learned counsel for the appellant submits that the appeal is not sustainable and the same may be disposed of. 6. Learned counsel for the respondents-claimant has no objection to the same. 7. Hence, the present appeal is finally being disposed of directing the respondents-claimants to approach the Tribunal concerned to withdraw the rest 50% balance of award and the Tribunal concerned is directed to release the rest 50% amount of award deposited in FDR along with accrued interest in favour of the respondents-claimants. Order Date :- 17.4.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad