Smt. Shiv Devi And 5 Others v. Sachin Mishra
Case at a glance
- Bench
- YOGENDRA KUMAR SRIVASTAVA
Provisions considered
Judgment
Smt. Shiv Devi And 5 Others Versus Counsel for Appellant(s) Counsel for Respondent(s) Court No. - 36 .....Appellant(s) .....Respondent(s) Sachin Mishra : : HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Sachin Mishra, learned counsel for the appellant. Contention of counsel for the appellant is that the FIR and Panchayatnama contain reference of an unknown vehicle. This together with the technical inspection report which shows no damage to the offending vehicle, creates a doubt with regard to its involvement. It is further submitted that the Tribunal has erred in awarding compensation in excess of the maximum permissible limit provided under Section 163-A of the Motor Vehicles Act 1988. Matter requires consideration. Admit. Issue notice to the respondents, returnable at an early date. Steps be taken within one week by registered post. Summon the lower court records at the expense of appellant. List upon receipt of the lower court records. Until further orders, effect and operation of judgment and award dated
13.06.2025 passed by the Presiding Officer, Motor Accident Claims Tribunal, Etawah, in MACP No.552 of 2019 (Smt. Shiv Devi and others Vs. Ravindra Singh and others) shall remain stayed provided the appellant deposits entire awarded amount including interest within two months from today. 2 FAFO No. 2085 of 2025 The claimant-respondents would be entitled to withdraw 50% of the deposited amount without furnishing any surety and the remaining 50% is directed to be invested in an interest bearing deposit with a nationalized bank till disposal of this appeal. The statutory deposit of Rs.25,000/-, shall be remitted to the Claims Tribunal for adjustment against the amount to be deposited by the appellant. In the event, the appellant fails to deposit the amount, as indicated above, within the stipulated period, this interim order shall stand automatically vacated and the impugned award shall become executable forthwith. September 3, 2025 Shahroz (Dr. Yogendra Kumar Srivastava,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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