The New India Assurance Company ... vs Smt.Sadhana Devi
2021 Latest Caselaw 4419 MP

                          1
              HIGH COURT OF MADHYA PRADESH
                           MP.No.1656/2021
   (The New India Assurance Co. Ltd. Vs. Smt. Sadhana Devi &
                                Others)

Gwalior, Dated : 17.08.2021

      Shri Arvind Kumar Agrawal, learned counsel for the petitioner.

      Heard through Video Conferencing.

      Issue notice to the respondents on payment of process fee

through RAD mode within a period of seven working days, failing

which the present petition shall stand dismissed automatically further

reference to the Court.

Heard on the question of interim relief.

Dispute in the present petition is with respect to the direction of

payment of amount of interest Rs.39622/- to decree holder within one

month. In case, the petitioner will not comply the same then the

warrants for attachment of the bank account of petitioner will be

issued. The respondents no.1 to 3 has filed a claim petition under

Section 166 of Motor Vehicle Act which was registered as Claim Case

No.15/2010. In that claim case, Motor Accident Claims Tribunal,

Gwalior has passed award on 17.05.2010 and held that driver, owner

and Insurance Company are jointly and severally liable to pay

compensation with interest payable from date of claim petition.

Thereafter, respondents No.1 to 3 have filed an appeal for enhancement

of compensation amount which was registered as M.A.No.1001/2020.

The Hon'ble High Court has passed the order and enhanced the award

HIGH COURT OF MADHYA PRADESH MP.No.1656/2021 (The New India Assurance Co. Ltd. Vs. Smt. Sadhana Devi & Others)

with interest of 6% p.a. from date of claim petition. He has further

relied upon the judgment passed by the Supreme Court in the case of

National Insurance Company Ltd. Vs. Smt. Ram Khiloni alias

Khiloni and Others, 2019 (3) J.L.J. 326.

Learned counsel for the petitioner submits that he is ready to

deposit the interest amount before the learned MACT within 15 days

but the same may not be disbursed.

Subject to deposition of the aforesaid amount within a period of

15 days, execution of the order dated 25.03.2021 (Annexure P/1) is

directed to be stayed til the next date of hearing.

List the case in the week commencing 20.09.2021.

E-copy of this order/certified copy as per rules/directions.

                                                                (Vishal Mishra)
AK/-                                                                Judge
       ANAND KUMAR
       2021.08.18 19:31:10
       +05'30'