Shriram General Insurance ... vs Smt. Parvati
2021 Latest Caselaw 31 MP

        01      HIGH COURT OF MADHYA PRADESH
                       M.A.2601/2020
 ( Shriram General Insurance Co. Ltd. Vs. Smt. Parvati & Ors.)

Gwalior, Dated:22.02.2021
      Shri Kuldeep Singh, learned counsel for the appellant.

      Shri R.P.Gupta, learned counsel for the respondents.

Heard on I.A. No.2739/2020, an application under section 5 of

the Limitation Act for condonation of delay in filing the appeal.

There is delay of 18 days in filing the appeal.

For the reasons mentioned in the application, the same is

allowed and the delay is hereby condoned.

Heard on the question of admission.

Admit.

Let record of the Tribunal be also called for.

Heard on I.A.2737/2020, an application for staying the

operation and execution of the impugned award.

Subject to depositing of 50% amount of the award amount

within 45 days from today, the effect and operation of the impugned

award shall remain stayed.

Also heard on IA No.876/2016, an application filed on behalf

of the respondents for disbursement of 50% the compensation amount

so deposited by the appellant-insurance company.

It is submitted by the learned counsel for the respondents that

an award of Rs. 5,74,060/- has been passed by the Claims Tribunal in 02 HIGH COURT OF MADHYA PRADESH M.A.2601/2020 ( Shriram General Insurance Co. Ltd. Vs. Smt. Parvati & Ors.)

favour of the respondents No. 1 to 6 vide judgment dated 3.1.2020,

but till date no amount has been paid to the respondents. The

respondents are facing starvation and they have no means of their

livelihood. Therefore,appellant be directed to disburse the 50%

amount of the compensation amount in favour of the respondents.

Learned counsel for the appellant/insurance company has

submitted that by protecting the interest of the insurance company, the

amount deposited be disbursed.

Looking to the aforesaid and in the interest of justice, IA No.

876/2016 is disposed of. It is directed that 50% of the amount of

compensation, if so deposited in terms of para 31 of award dated

3.1.2020 be disbursed in favour of the respondents subject to

respondent's furnishing the surety of the same amount to the

satisfaction of the Claims Tribunal.

List the case for final hearing in the 2nd Week of March,

2021.

Certified copy/ e-copy as per rules/directions.

                                        (Rajeev Kumar Shrivastava)
vv                                         Judge



     SMT VALSALA
     VASUDEVAN
     2021.02.24
     10:26:14
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