Divisional Manager, National Insurance Co Ltd v. Sumari Orain
2018-01-10
AMITAV K.GUPTA
body2018
DigiLaw.ai
JUDGMENT Amitav K. Gupta, J. – Learned counsel seeks permission to carry out necessary correction in para no.1 of I.A. No.8007 of 2017 as the awarded compensation has been wrongly mentioned as Rs.4,70,000/ in place of Rs.7,60,000/. 2. Permission is accorded. 3. Learned counsel Mr. Nikhil Ranjan submits that he shall file Vakalatnama on behalf of respondentclaimant nos.1 to 5. 4. The notice is waived as against respondent nos.1 to 5. 5. Learned counsel for the appellant shall file requisites of notice within two weeks, under ordinary process, to be served on respondent no.6 in the limitation matter as well as in the main appeal. I.A. No.8007 of 2017 6. This interlocutory application has been filed under Order XLI Rule 5(5) read with Section 151 of the Code of Civil Procedure for staying further proceeding in Execution Case No.39 of 2017 (in connection with Claim Case No.164 of 2011), pending in the court of Presiding Officer, Motor Accident Claims Tribunal, Ranchi for realisation of the awarded compensation of Rs.7,60,000/ with interest @ 9% per annum from 23.09.2014. 7. Learned counsel has submitted that the court below has erred in fastening the liability to pay the aforesaid compensation upon the insurance company without appreciating and considering the fact that the driver of the said vehicle was not having valid driving licence and in such circumstances, the liability should have been fixed upon the owner. 8. Learned counsel Mr. Nikhil Ranjan submits that he shall file Vakalatnama on behalf of respondentclaimant nos.1 to 5 and further submits that save and except the interim compensation of Rs.50,000/, no amount of compensation has been paid towards the awarded compensation. 9. Heard. If the appellant deposits Rs.4 lakhs by 28.02.2018 as part payment of the compensation amount in the court below, further proceeding in connection with Execution Case No.39 of 2017, pending in the court of Presiding Officer, Motor Accident Claims Tribunal, Ranchi shall remain stayed. 10. The amount so deposited shall disburse in favour of respondentclaimant no.1, i.e. natural guardian of respondentclaimants nos.2 to 5 on proper identification and on her furnishing an undertaking on the terms and conditions which the court below deems fit and proper to impose. 11. I.A. No.8007 of 2017 stands disposed off. Misc. Appeal No.434 of 2017 12. Office to list this case on 12.03.2018 under the heading For Admission.