Chola Mandalam M.S. General Insurance Co. Ltd vs Kumar Abhishek And Others

Sanjay Kumar Dwivedi, J

The notices were issued upon the respondents.

Mr. Girish Mohan Singh, the learned counsel has appeared on behalf of the respondent nos.1 to 3.

The name of the respondent no.4 is deleted by order dated 21.12.2022 considering that he has left for his heavenly abode and the legal heirs/successors are already on record.

Notice upon the respondent no.5 has been received by self and respondent no.5 has not appeared as yet.

This matter is being adjourned in anticipation of appearance of respondent no.5.

I.A. No.3184 of 2023 has been filed for staying the Execution Case No.18 of 2021 passed by the learned District Judge, M.A.C.T., Jamshedpur.

Mr.Anand, the learned counsel for the appellant submits that impugned award is already challenged in this appeal. By the said award, a sum of Rs.30,06,988/- has been directed to be paid along with interest of 8% from the date of filing of the claim case in favour of the O.P.No.4 husband of the deceased within two months from the date of award failing which penal interest of 12% per annum thereafter shall be payable to the applicant by the insurance company. The respondent no.5 has not appeared as yet and in the execution case the direction has been issued to draw the certificate and directed to recover the amount from the insurance company.

In view of the above fact and submission of the learned counsel for the parties, the appellant is directed to deposit a sum of Rs.25 lakhs before the learned Tribunal within 15 days from today. Out of the deposited amount, a sum of Rs.20 lakh shall be released in favour of the claimants on proper verification by the learned Tribunal.

In view of the deposition of the amount, further proceeding in connection with Execution Case No.18 of 2021 shall remain stayed till further orders.

The remaining amount shall be kept with the Tribunal with any bank so that interest may be drawn for that amount.

The instant I.A. stands disposed of.

In the meantime, call for the L.C.R from the learned court in this case.

This matter is of 2014 and requires to be decided at the earliest considering that only partial amount is directed to be deposited, and in that view of the matter, let it appear on 22.06.2023.