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Judgment
Defect no.(4) as pointed out by the office is ignored for the present.
Heard, learned counsel for the appellant- the New India Assurance Company Ltd.
Appellant- the New India Assurance Company Ltd. has preferred this appeal against the award dated 06.10.2018 passed by learned District Judge-
VIII-cum-MACT, Dhanbad in Motor Accident Claim Case No.274 of 2017 whereby the claimants have been awarded compensation to the tune of
Rs.13,05,520/-along with interest @ 6% per annum from the date of filing of the case i.e. 10.11.2017.
Learned counsel for the appellant has submitted that claimants have preferred another miscellaneous appeal against the same impugned award dated
10.02.2018 vide M.A. No.30 of 2019 filed on 17.01.2019 i.e. prior to this appeal, as such, both the appeals may be heard together. Learned counsel for
the appellant has further submitted that I.A. No.4121 of 2019 has been filed for condonation of delay of 107 days in preferring the present appeal, as
such, notice is necessary to be issued upon the claimants/respondents.
Let notice be issued to the claimants/respondents i.e. respondent nos. 1 to 8 as well as respondent no.9- owner of the offending vehicle as the learned
Tribunal has given a finding that O.P. No.1 owner of the offending vehicle has violated the terms and conditions of the Insurance policy and Insurance
company has been given liberty to recover the same from the owner of the offending vehicle.
Let notice be issued to respondent nos.1 to 9-
Kumkum Devi, W/o Late Bibhuti Bhushan Choudhary
Doli Kumari, W/o Sri Niraj Kumar and D/o Late Bibhuti Bhushan Choudhary
Puja Kumari, D/o Late Bibhuti Bhushan Choudhary
Neha Priya, D/o Late Bibhuti Bhushan Choudhary
Shubham Kumar, S/o Late Bibhuti Bhushan Choudhary
Satyam Kumar, S/o Late Bibhuti Bhushan Choudhary
Basanti Devi, W/o Sri Ram Narayan Choudhary
Ram Narayan Choudhary, S/o Late Hari Prasad Choudhary All are resident of Sadhobad, Tola Barwadih, P.O. Kharni, P.S. Barwadda, Dist.
Dhanbad Jharkhand.
Sadan Sharma, S/o Late Ambika Singh, R/o Chanakya Nagar, K.G. Ashram, Saraidhela, P.O. & P.S. Saraidhela, Dist. Dhanbad, Jharkhand under
the ordinary process for which requisites etc. must be filed within 20.012.2019.
An Interlocutory Application being I.A. No.11374 of 2019 under Order-41 Rule 5 of the code of Civil Procedure has filed for stay of Execution Case
No.8 of 2019 pending before the court of District Judge-VIII-cum-M.A.C.T., Dhanbad for realization of the awarded amount passed in Motor
Accident Claim Case No.274 of 2017 on 06.10.2018.
Learned counsel for the appellant has produced the photocopy of order dated 07.12.2019 passed by learned District Judge-VIII, Dhanbad in Execution
Case No.8 of 2019 whereby the Executing Court has frozen the account of the judgment debtor i.e. the appellant- New India Assurance Company
Ltd bearing Account No.914020005031489 at Axis Bank Ltd., Bank More, Dhanbad to the extent of Rs.14,62,182/- till further order and fixing the
case for 12.12.2019.
The photocopy of the said order dated 07.12.2019 be kept on record.
The appellant- Assurance Company is directed to deposit the entire amount of Rs.13,05,522/- along with interest @ 6% per annum from the date of
filing of the claim application dated 10.11.2017 within a period of 30 days from today.
The Executing Court shall disburse Rs.7,00,000/- to the claimants keeping the balance amount in the fixed deposit till disposal of the miscellaneous
appeal. If the said amount is deposited before the Executing Court, the executing court shall recall the order dated 07.12.2019.
I.A. No.11374 of 2019 stands disposed of.
List this case along with M.A. No.30 of 2019 after service of notice.