- (1.) The petitioner alongwith his sister, Smt. Nirmala Devi filed a Motor Accident Claim Petition No. 07 of 2009 before Motor Accident Claims Tribunal/Additional District Judge, Court No. 7, Aligarh (hereinafter referred to as the "Tribunal") impleading one Sandeep Sharma son of Sri Satish Chandra Sharma and the Manager, The Oriental Insurance Co. Ltd. as defendants.
(2.) The facts, in brief, are that another brother of claimant met an accident on 05.09.2008 while travelling in Bus No. UP 85 E-9372 and died. Hence, claim was filed for compensation. The petition was allowed by Tribunal and judgment was delivered by respondent no. 2, Sri Rajaram Saroj, Additional District Judge, Aligarh, the Presiding Officer of Tribunal on 01.08.2011. The Insurance Company came up in appeal, i.e., First Appeal From Order No. 3515 of 2011. The appeal was admitted on 01.11.2011 and Court passed following interim order: "Heard on the question of grant of interim relief. Having regard to the facts and circumstances of the case and having considered the submissions made by Sri Arvind Kumar, learned counsel for the appellant and Shri Anshul Kumar Singhal holding brief for Shri V.K. Agrawal, learned counsel for the claimant-respondent nos.1 and 2, it is directed that the operation of the impugned Award dated 1.8.2011will remain stayed until further orders of the Court, provided within six weeks from today, the appellant deposits the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal,? Aligarh. The amount so deposited by the appellant will be paid/invested as under:- (1) Out of the amount awarded respectively to each of the claimant-respondent nos. 1 and 2 under the impugned Award, Rs. 1,00,000/- each will paid? respectively to each of such claimants-respondents? without furnishing any security. (2) Balance amount awarded respectively to each of the claimant-respondent nos. 1 and 2? under the impugned Award, will be invested in maximum interest-bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the respective name of each of such claimants-respondents. The amounts? invested in Fixed Deposits, as per the directions given above, will not be permitted to be withdrawn by the claimant-respondent nos.1 and 2 without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits, will be permitted to be withdrawn by the concerned claimant-respondent nos.1 and 2,? as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposits, will continue to be reinvested in? the respective? Fixed Deposits. The amount of Rs. 25,000/- deposited by the appellant while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellant, as directed above. In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated. Counter affidavit and rejoinder affidavit may be exchanged between the parties by the next date fixed in the matter. List on 9.5.2012."
(3.) The petitioner moved an application dated 06.01.2012 before Trial Court stating that he is changing counsel due to his (counsel's) unprofessional conduct and filed Vakalatnama of another counsel, Chaudhary Rajeev Kumar, Advocate to conduct further pairavi in the case. The permission of court to accept Vakalatnama of Sri Chaudhary Rajeev Kumar was also sought.;