Partly allowed

New India Assurance Company v. Chanderlekha

Himachal Pradesh HC7 Nov 2017CMP.M/1099/2017

Case brief

AI extract

What is this about?

Single judge order noted condonation of delay in appeal registration. Admitted an appeal and listed it for hearing. Stayed execution of a Motor Accident Claims Tribunal award upon deposit of compensation and interest, reserving liberty to claimants to apply for release.

What did the court decide?

Execution of the impugned award was stayed subject to deposit of compensation and interest within eight weeks.

New India Assurance Company Vs Chanderlekha — Motor Accident Claims | Himachal Pradesh HC (2017)

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CMP(M) No. 1099 of 2017.

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07.11.2017 Present: Mr. Ashwani K. Sharma, Senior Advocate, with Mr. Jeevan Kumar, Advocate, for the applicant/appellant.

¶3

Mr. Surinder Saklani, Advocate, for respondents No. 1 to 3.

¶4

Notices issued for service of respondents No. 1 to 4 have been received back duly served. Mr. Surinder Saklani, Advocate, has put in appearance on behalf of respondents No. 1 to 3 by filing memo of appearance. He prays for and is granted four weeks time to file power of attorney. There is no appearance on behalf of respondent No.4, hence, he is proceeded ex parte.

¶5

CMP(M) No. 1099 of 2017

¶6

By medium of this application, the

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applicant/appellant has sought condonation of 31 days delay which has crept up in filing of the appeal. The perusal of the application, more particularly, the contents of para 2 thereof, would indicate sufficient cause which prevented the applicant/appellant from filing the appeal within the prescribed period of limitation. Even though, the application is duly supported by the affidavit of the Senior Divisional Manager of the Company. Accordingly, the aforesaid delay is condoned. The application stands disposed of.

¶8

Appeal be registered.

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FAO No. of 2017

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Admit.

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Issue post admission notice to respondent No.4 at the time when the appeal is listed for final hearing. Henceforth, the case be listed before the Additional Registrar (Judicial).

¶12

CMP No. of 2017

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Be registered. Notice in the aforesaid terms. Subject to the applicant/appellant depositing the entire compensation amount alongwith uptodate interest within a period of eight weeks, the operation and execution of the impugned award dated 10.3.2017 passed by learned Motor Accident Claims Tribunal-III, Mandi, H.P. in Claim Petition No. 61/14/2013 is ordered to be stayed. Application stands disposed of.

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However, liberty is reserved to the claimants to move appropriate application for release of the amount which application needless to say as and when filed, shall be considered on its own merits.

¶15

November 7, 2017 (Tarlok Singh Chauhan) (GR) Judge

New India Assurance Company v. Chanderlekha

Case brief

What is this about?

What did the court decide?

New India Assurance Company v. Chanderlekha

Case brief

What is this about?

What did the court decide?

What the court decided

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