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2025 DIGILAW 259 (JHR)

National Insurance Company Limited v. Kiran Kumar

2025-02-05

SANJAY KUMAR DWIVEDI

body2025
JUDGMENT : 1. All these M.As. have been listed on the mention made yesterday pointing out that the Bank has been directed to deduct the awarded amount and send it to the learned Tribunal for disbursement to the claimants. M.A. No. 253 of 2020 2. Mr. Manish Kumar, learned counsel for the appellant-insurance company submits that the award is challenged on the point of quantum and if the entire amount will be disbursed, this appeal will become infructuous. He submits that the learned Tribunal has passed the order dated 18.12.2024 in Execution Case No.14 of 2020 and directed the Bank to deduct the awarded amount and disburse the same to the claimants. Photocopy of the said order is taken on record. 3. In view of the above and considering that the appeal has already been admitted and final hearing is still awaited and further considering that the quantum is under challenge in this appeal, the appellant-insurance company is directed to deposit the entire amount to the tune of Rs.11,38,000/- before the learned Tribunal within two weeks from today. The learned Tribunal will disburse the sum of Rs.5 Lakhs out of the deposited amount to the claimants on proper verification. Rest of the amount shall be kept intact and that will be subject to final result of this appeal. 4. In view of the above, till disposal of the present M.A., the proceedings in Execution Case No.14/2020 arising out of M.A.C.C. No.122/2018, pending in the Court of the learned District Judge-II cum P.O., M.A.C.T., Bermo at Tenughat shall remain stayed. 5. Accordingly, I.A. No.1920 of 2021 is disposed of. M.A. No. 250 of 2020 6. Mr. Manish Kumar, learned counsel for the appellant-insurance company submits that the award is challenged on the point of quantum and if the entire amount will be disbursed, this appeal will become infructuous. He submits that the learned Tribunal has passed the order dated 18.12.2024 in Execution Case No.15 of 2020 and directed the Bank to deduct the awarded amount and disburse the same to the claimants. Photocopy of the said order is taken on record. 7. He submits that the learned Tribunal has passed the order dated 18.12.2024 in Execution Case No.15 of 2020 and directed the Bank to deduct the awarded amount and disburse the same to the claimants. Photocopy of the said order is taken on record. 7. In view of the above and considering that the appeal has already been admitted and final hearing is still awaited and further considering that the quantum is under challenge in this appeal, the appellant-insurance company is directed to deposit the entire amount to the tune of Rs.16,97,944/- before the learned Tribunal within two weeks from today. The learned Tribunal will disburse the sum of Rs.7 Lakhs out of the deposited amount to the claimants on proper verification. Rest of the amount shall be kept intact and that will be subject to final result of this appeal. 8. In view of the above, till disposal of the present M.A., the proceedings in Execution Case No.15/2020 arising out of M.A.C.C. No.123/2018, pending in the Court of the learned District Judge-II cum P.O., M.A.C.T., Bermo at Tenughat shall remain stayed. 9. Accordingly, I.A. No.1919 of 2021 is disposed of. I.A. No. 4972 of 2020 in M.A. No. 250 of 2020 10. I.A. No.4972 of 2020 has been filed for condoning the delay of 79 days in filing the present appeal. 11. Vide order dated 05.01.2023, this appeal has already been admitted, however, I.A., meant for condonation of delay has not been disposed of as yet. 12. Mr. Manish Kumar, learned counsel for the appellant submits that in preparation of filing the appeal and due to COVID-19, such delay has occurred and in view of that, the delay may kindly be condoned. 13. Mr. Arvind Kumar Lall, learned counsel for respondent nos. 1 to 3 has got no serious objection if the delay of 79 days is condoned. 14. In view of the above, the Court finds that sufficient ground is made out to condone the delay and, as such, the delay of 79 days in filing the present appeal is, hereby, condoned. 15. Accordingly, I.A. No.4972 of 2020 is allowed and disposed of. I.A. No. 4220 of 2021 in M.A. No. 168 of 2020 16. I.A. No.4220 of 2021 has been filed for condonation of delay of 45 days in filing the present appeal. 17. Mr. 15. Accordingly, I.A. No.4972 of 2020 is allowed and disposed of. I.A. No. 4220 of 2021 in M.A. No. 168 of 2020 16. I.A. No.4220 of 2021 has been filed for condonation of delay of 45 days in filing the present appeal. 17. Mr. Arvind Kumar Lall, learned counsel for the appellants submits that the present appeal has been filed for enhancement and in preparation of file, such delay has occurred. 18. Mr. Manish Kumar, learned counsel for respondent no.3 has got no serious objection if the delay of 45 days in condoned. 19. In view of the above, the Court finds that sufficient ground is made out to condone the delay and, as such, the delay of 45 days in filing the present appeal is, hereby, condoned. 20. Accordingly, I.A. No.4220 of 2021 is allowed and disposed of. M.A. Nos. 253 of 2020, 167 of 2020, 168 of 2020 & 250 of 2020 21. Since the amount is directed to be deposited and award is passed in favour of the claimants, these appeals are required to be heard at an early date. 22. Let these matters appear under appropriate heading on 16.04.2025. 23. In the meantime, call for the Trial Court Records.