Reliance General Insurance Company Limited v. Suman Singh
2015-03-24
P.P.BHATT
body2015
DigiLaw.ai
JUDGMENT P.P. BHATT, J. 1. The present application is filed under Section 5 of the Limitation Act for condoning the delay of 84 days in preferring the instant appeal. 2. Heard learned counsel for the appellant as well as respondents, who has filed his Vakalatnama today itself. 3. Perused the application which is supported by an affidavit. 4. For the reasons stated in the application, the same is allowed, and the delay in filing the appeal, is hereby, ordered to be condoned. 5. The I.A. No. 1103 of 2015 stands disposed of. 6. The present appeal is preferred under Section 173 of the Motor Vehicles Act being aggrieved and dissatisfied with the judgment and award dated 23.7.2013, passed by the learned District Judge-II-cum-M.A.C.T. Judge, Dhanbad, in Title (M.V.) Suit No. 53 of 2009, whereby the claim petition preferred by the respondent Nos.1 to 4 has been allowed and the appellant was directed to deposit an amount of Rs. 14,94,409/- along with interest at the rate 6 per cent per annum from the date of filing of the claim application till the realization. 7. The present appeal is preferred on the various grounds enumerated in the appeal memo, which requires consideration, and hence, the Miscellaneous Appeal is ordered to be admitted. 8. The L.C.R. be called for. 9. The present application is filed by the appellant, inter alia, praying for stay of the operation of execution of the amount awarded during the pendency of the appeal. 10. Heard the learned counsel for the appellant as well as respondents. 11. Perused the impugned judgment and award passed by the learned Tribunal. 12. Before grant of any stay against the execution of the award, the appellant Insurance Company is required to be directed to deposit the entire awarded amount with interest in the learned court below within a period of two weeks from the date of the order. 13. Upon deposit of the said amount, the respondents (original claimants) are required to be permitted to withdraw 50 per cent of the amount on furnishing usual undertaking and personal bond. So far as the remaining 50 per cent of the amount is concerned, the same shall be invested by way of Fixed Deposit in any nationalized Bank initially for a period of two years.
So far as the remaining 50 per cent of the amount is concerned, the same shall be invested by way of Fixed Deposit in any nationalized Bank initially for a period of two years. Moreover, if the appeal is not finally heard and disposed of within a period of two years, the said Fixed Deposit is required to be renewed for a further period as may be deemed fit and proper. 14. Accordingly, the appellant shall deposit the entire awarded amount with interest within a period of two weeks from the date of the order. Thereafter, 50 per cent of the said amount be released/disbursed in favour of the respondent-claimant on furnishing usual undertaking and personal bond. 15. The remaining 50 per cent of the amount be invested by way of Fixed Deposit in nationalized Bank in the name of claimants. The original Fixed Deposit receipt be deposited before the Registrar of the learned court below and the xerox copy thereof be provided to the appellant as well as respondents. 16. If the appeal is not finally heard during a period of two years, the said Fixed Deposit be renewed for a further period as may be deemed fit and proper at the relevant point of time. 17. With the aforesaid direction, the execution of award dated 23rd July, 2013, be stayed till final disposal of the appeal. 18. The Interlocutory Application stands disposed of accordingly.