M.P.M.K.V.V. Com. Ltd. Thr. vs Anushka Raghuvanshi
2024 Latest Caselaw 4079 MP

Madhya Pradesh High Court

M.P.M.K.V.V. Com. Ltd. Thr. vs Anushka Raghuvanshi on 12 February, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               FA No. 495 of 2021
            (M.P.M.K.V.V. COM. LTD. THR. Vs ANUSHKA RAGHUVANSHI AND OTHERS)

Dated : 12-02-2024
      Shri Sangam Jain, learned counsel for the appellant.

      Shri Rishikesh Bohre, learned counsel for respondent No. 1.

Shri Rohit Batham, learned counsel for respondent No. 2. Shri Sushant Tiwari, learned GA for respondent No. 3/State. Heard on I.A.No. 4700/2023, which is an application for vacating ex party stay order dated 19/7/2023 moved on behalf of respondent No. 1.

It is the submission of learned counsel for respondent No. 1 that respondent No. 1 moved a civil suit before the Court of Fifth Additional District Judge, Guna stating that she belongs to a poor family and her mother is a widow lady. At the time of incident she was aged 12 years and was studying in class 6. On the date of incident when she was going with her friend to attend the nature's call, due to electrocution, she and her friend sustained shock and her hand got burnt and during treatment it was amputated and therefore, she filed a civil suit claiming compensation, which got allowed and vide impugned judgment she was awarded a compensation of Rs. 8,47,500/- against which

instant appeal has been filed by Electricity Department.

On 19/7/2021 when the case was listed, this Court while admitting the appeal issued the notices to respondents and in the meanwhile, parties were directed to maintain status quo till next date of hearing.

It is the submission of learned counsel for respondent No. 1 that aforesaid was the ex-parte order and without depositing a panny, appellant- department got stay order in its favour; whereas, the appeal was barred by time

also. Respondent No. 1 is a poor girl whose one hand was amputated in the incident and after appreciation of evidence brought before the trial Court, it passed the impugned judgment and decree. Respondent No. 1 is in dire need of money as she is finding hard to earn livelihood in absence of her one hand.

From perusal of order dated 19/7/2021 it appears that it was an ex parte order, therefore, looking to the facts and circumstances of the case, subject to deposit of 50% of the awarded amount alongwith interest before the trial Court within a period of 45 days from today, execution of impugned judgment and decree so far as it relates to remaining 50% of awarded amount shall remain stayed. The amount so deposited shall not be disbursed to the respondent No.

1 without the leave of this Court.

I.A.No. 4700/2023 stands disposed of accordingly. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

JPS/-

JAI

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

PRAKASH 2.5.4.20=287738d30aabaeda9b10cecdf17 9cec865c7633f4cfb9e38ce14fcbb05b9522 a, postalCode=474001, st=Madhya Pradesh,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD 6B8072A2D8C01433EBD48AE4F609F108C A8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2024.02.15 10:11:55 +05'30'