Radheshyma vs New India Insurance Company Limited And Others

Gajendra Singh, J

Heard on the question of admission and I.A.No.9364 of 2023, an application under Section 5 of the Limitation Act, 1963 for condonation of delay.

As per Office Report, there is a delay of 1469 days in filing the present civil revision.

Also heard on I.A. No.9365 of 2023, an application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 (herein after referred to as the Code) for stay of the execution proceedings initiated by respondent No.1 - New India Assurance Company Limited.

Perused the revision memo as well as the impugned award.

The petitioner - vehicle owner has preferred this revision under Section 115 of the Code feeling aggrieved by ex parte judgment / order dated 30.08.2019 passed in Claim Case No.38 of 2013 by learned Member, Motor Accident Claims Tribunal, Shujalpur, District Shajapur (M.P.).

Considering the facts and circumstances of the case, upon depositing of 50% of the awarded amount, execution proceedings initiated at the instance of respondent No.1 - Insurance Company pending before the Executing Court, Sarangpur, District Rajgarh in Execution Case bearing number EX MJC/0000012/2021 (notice issued to the petitioner vide Annexure A/2) shall remain stayed till the next date of hearing.

Let notice be issued to the respondent (s) on payment of Process Fee (P.F.) within a period of seven working days. Notice be made returnable within a further period of six weeks.

Let record of the case from the concerned Claims Tribunal be requisitioned.

Certified Copy, as per rules.