Sriram General Insurance Company ... vs Mangal Singh
2023 Latest Caselaw 758 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       MA No. 5138 of 2022
                           (SRIRAM GENERAL INSURANCE COMPANY LTD. REGISTERED OFFICE E 8 EPIP RIICO INDUSTRIAL
                                             AREA SITAPURA JAIP Vs MANGAL SINGH AND OTHERS)

                          Dated : 12-01-2023
                                Mr. Kuldeep Singh, learned counsel for the appellant - insurance

                          company.
                                Heard on I.A. No. 5013 of 2022, an application u/S 5 of Limitation Act.
                                Let notice of this appeal be issued to the respondents by registered as

well as ordinary modes on payment of process fee within three working days.

Notices be made returnable within two weeks.

Also, heard on I.A. No. 4967 of 2022, an application for staying the execution of the impugned award.

In view of the judgment passed by the Supreme Court in the case of Ganeshaprasad Bandrinath Lahoti Vs. Sanjeev Prasad Jamnaprasad Chourasiya; [2004 (7) SCC 482], suitable orders could be passed even before passing of order on the application for condonation of delay. In another judgment of the Supreme Court in the case of State (NCT of Delhi) Vs. Ahmed Jaan; [2008 (4) SCC 582], which demonstrates that it is not the

length of the delay which counts but the sufficiency of cause which matters and the Court has to see the sufficiency of the cause before exercising discretionary power.

The Supreme Court while adverting to the explanation given for the condonation of delay has found that the High Court should have felt satisfied with the explanation offered for the condonation of delay, therefore, while relying upon the judgments of the Supreme Court the prayer for grant of ex- parte ad-interim relief is considered.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 13-Jan-23 3:43:33 PM

Counsel for the appellant is directed to deposit the entire amount with up to date interest before the Claims Tribunal within a period of six weeks. If the amount is deposited within the prescribed period, the execution of the Award dated 29.3.2022 passed by Fourth Additional Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No. 21/2020 shall remain stayed during pendency of the appeal.

It is made clear that the amount of compensation deposited by the Insurance Company shall not be disbursed to the claimants without leave of this Court and Claims Tribunal shall keep the entire amount, so deposited by the appellant in an interest earning Fixed Deposit of any Nationalized Bank.

List the case on 6th of Feb, 2023.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 13-Jan-23 3:43:33 PM