High CourtsSingle Bench(2021) 05 CHH CK 0146

New India Insurance Company Limited vs Heerabai Nishad And Ors

Chhattisgarh High Court · Decided on 24 May 2021

HON’BLE JUDGES
Sanjay S. Agrawal, J
RESULT
Disposed Of
CASE NUMBER
M.A.(C) No. 299 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

16 paragraphs · 254 words

Heard on I.A. No.01/2020, an application for condonation of delay of 12 days in filing this appeal.

On due consideration and for the reasons assigned therein, I am inclined to allow the same and delay is, accordingly, condoned.

I.A. No.01/2020, thus, stands disposed of.

Also heard on admission.

Admit.

Issue notice to the Respondents on merits on payment of P.F., as per rules. Also heard on I.A. No.02/2020, an application for grant of stay. Issue

notice on this application also to the Respondents, as above. Meanwhile, purely as an interim measure, it is directed that the effect and operation of the

impugned award dated 11.10.2019 passed by First Additional Motor Accident Claims Tribunal, District Mahasamund (C.G.) in Claim Case No. H-

10/2018 shall remain stayed till the next date of hearing, subject to Appellant's depositing 75% of the award under appeal before the concerned

executing Court within a period of two months from today.

The Claimants/Respondents No. 1 to 5 shall be entitled to withdraw the same as per the terms and conditions mentioned in the award impugned.

It is made clear that if any of the condition is violated, then this order shall lose its efficacy and the award impugned shall become executable

forthwith.

Call for record of the concerned Tribunal and post this matter after five weeks for consideration on I.A. No.02/2020 along with MAC/300/2020.

In view of above, I.A. No.01/2021, an application seeking urgent hearing of this matter and I.A. No.02/2021, an application for hearing during summer

vacation stand disposed of.