Radheshyma vs New India Insurance Company Limited
2023 Latest Caselaw 20883 MP

Madhya Pradesh High Court

Radheshyma vs New India Insurance Company Limited on 11 December, 2023

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          CR No. 964 of 2023
                                       (RADHESHYMA Vs NEW INDIA INSURANCE COMPANY LIMITED AND OTHERS)

                           Dated : 11-12-2023
                                    Shri Manish Vijaywargiya - Advocate for petitioner - vehicle owner.


                                    Heard on the question of admission and I.A.No.9364 of 2023, an
                           application under Section 5 of the Limitation Act, 1963 for condonation of
                           delay.
                                    As per Office Report, there is a delay of 1469 days in filing the present

                           civil revision.
                                    Also heard on I.A. No.9365 of 2023, an application under Order 41
                           Rule 5 of the Code of Civil Procedure, 1908 (herein after referred to as the
                           Code) for stay of the execution proceedings initiated by respondent No.1 - New

India Assurance Company Limited.

Perused the revision memo as well as the impugned award. The petitioner - vehicle owner has preferred this revision under Section 115 of the Code feeling aggrieved by ex parte judgment / order dated 30.08.2019 passed in Claim Case No.38 of 2013 by learned Member, Motor

Accident Claims Tribunal, Shujalpur, District Shajapur (M.P.).

Considering the facts and circumstances of the case, upon depositing of 50% of the awarded amount, execution proceedings initiated at the instance of respondent No.1 - Insurance Company pending before the Executing Court, Sarangpur, District Rajgarh in Execution Case bearing number EX MJC/0000012/2021 (notice issued to the petitioner vide Annexure A/2) shall remain stayed till the next date of hearing.

Let notice be issued to the respondent (s) on payment of Process Fee

(P.F.) within a period of seven working days. Notice be made returnable within a further period of six weeks.

Let record of the case from the concerned Claims Tribunal be requisitioned.

Certified Copy, as per rules.

(GAJENDRA SINGH) JUDGE

rcp