M/S. Prakash Industries Limited vs The New India Insurance Company ...
2023 Latest Caselaw 236 Chatt

                                                                                NAFR
                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                    MAC No. 81 of 2023
    M/s Prakash Industries Limited, Through its Director, Prakash Industries Limited,
     PIL, Bypass Road, Police Station Champa, Distt. Janjgir-Champa (CG) (As
     mentioned in judgment) (Owner of the Vehicle - CG 13 LA 4273)
                                                                         ---- Appellant
                                           Versus
  1. The New India Insurance Company Limited through its Divisional Manager,
     Divisional Office, Rama Trade Center, in front of Rajiv Plaza, Old Bus Stand,
     Bilaspur, Chhattisgarh (Insurance Company)
  2. Ashok Kumar Suryavanshi son of Shantaram Suryavanshi, R/o Gram Kosmanda,
     Police Station Champa, Distt. Janjgir-Champa (CG) (Driver of Vehicle - CG 13 LA
     4273)
  3. Sushila Jangde wife of Late Ganesh Ram Jangde aged about 55 years,
  4. Tilakram Jangde son of Late Ganesh Ram Jangde aged about 28 years
  5. Likram Jangde S/o Late Ganesh Ram Jangde aged about 23 years (wrongly
     written as Mahetru Jangde)
     (Respondent No. 3 to 5 are Resident of Gram Satnamipara, Sakri, Police Station

Sakri, Distt. Bilaspur, Chhattisgarh. - Claimants

---- Respondents

12/01/2023 Shri Pranjal Agrawal, counsel for the appellant.

Heard on admission.

The appeal is admitted for hearing.

Call for record of the Tribunal.

Issue notice to the respondents on payment of PF as per rules.

Also heard on IA No.01/2023, application for grant of interim relief and stay.

This appeal has been filed against the award dated 25.11.2022 passed in Claim Case No.581/2019 by 6th Additional Motor Accident Claims Tribunal, Bilaspur, awarding total compensation of Rs.10,90,880/- with interest @ 7% p.a. from the date of claim petition till realization.

Considering the facts and circumstances of the case, purely as an interim measure, it is directed that on appellant depositing 50% of the awarded amount before the concerned Tribunal within 60 days, execution of the remaining part of the awarded amount shall remain stayed until further orders.

It is made clear that this order shall not come in the way of disbursement of the awarded amount so deposited by the appellant in favour of the claimants upon due verification.

List it after receipt of service report.

sd/

(Rajani Dubey)

Judge

Khan