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2018 DIGILAW 88 (JHR)

New India Assurance Co Ltd v. Manabendra Mahto

2018-01-10

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K. Gupta, J. – I.A. No.7634 of 2013 This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of six days in preferring the present appeal. 2. Learned counsel for the respondents is in attendance. 3. Being satisfied with the reasons assigned in para nos.2 to 11 of the supporting affidavit, sufficient cause is made out, accordingly the delay is condoned. 4. I.A. No.7634 of 2013 stands allowed. I.A. No.9727 of 2017 5. 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.5 of 2013, pending in the court of the District JudgeVII cum Motor Vehicle accident Claims Tribunal, Dhanbad for realisation of the awarded compensation of Rs.23,42,650/ with interest @ 4% payable from the date of filing of the application. 6. Learned counsel has submitted that the court below should have considered the fact that the hotel which was being run is still in existence and the income of the deceased has not been affected, therefore, the awarded compensation is not in consonance with the material evidence and facts on record and prayed for staying further proceeding in the aforesaid execution case. 7. Learned counsel appearing on behalf of respondentsclaimants has opposed and submitted that till date save and except for the adinterim compensation of Rs.50,000/ no amount of the awarded compensation has been paid to the claimants. 8. Heard. If the appellant deposits Rs.24 lakhs by 28.02.2018 as part payment of the compensation amount in the court below, further proceeding in connection with Execution Case No.5 of 2013, pending the court of the District JudgeVII cum Motor Vehicle Accident Claims Tribunal, Dhanbad shall remain stayed. 9. The court below shall disburse Rs.14 lakhs in favour of the claimants on proper identification and on their furnishing an undertaking on the terms and conditions which the court below deems fit and proper to impose in terms of the award. 10. I.A. No.9727 of 2017 stands disposed off. Misc. Appeal No.264 of 2013. 11. Office to list this case on 12.03.2018 under the heading For Admission.