Order 16/02/2017 A note-sheet has been moved by Sr. PA pointing out that in this appeal, order was passed on 07.02.2017, wherein inadvertently, the header could not be changed while uploading the order and number of connected appeal is getting reflected.
In view of the above, the order dated 07.02.2017 as signed by the Court, needs to be modified.
Consequently, the following fresh rectified order is passed:- It is submitted by learned counsel for the appellant that the (2 of 2) [CMA-2520/2016] Tribunal has ordered for pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406.
Admit. Issue notice. Issue notice of stay application as well.
Both the notices are made returnable within a period of four weeks.
In the meanwhile and until further orders, if the appellant Insurance Company deposits a sum of Rs. 95,000/- alongwith interest as awarded by Tribunal within a period of four weeks, after taking into consideration any amount deposited under Section 140 and/or proviso to Section 173(1) of the Motor Vehicles Act, 1988, the rest of the award shall remain stayed.
The amount when deposited be disbursed to the claimant in terms of the award.
(ARUN BHANSALI)J.
PKS-1
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