Jharkhand High Court
Branch Manager Ms United India ... vs Shardha Devi And Ors on 22 September, 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No.237 of 2015
Branch Manager, United India Insurance Co. Ltd., Rajhans market, Bank More,
Dhanbad ...... Appellant
Versus
1. Shardha Devi w/o Late Prashuram Prasad
2. Manisha Kumari d/o Late Prashuram Prasad
3. Ramesh Chandra Chouhan s/o Late Amrit Lal Chouhan ...... Respondents
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Appellant : Mr. Ashutosh Anand, Advocate
For the Respondents :
4/ Dated : 22
nd September, 2017
Learned counsel shall file requisites of notice within a week on reopening of the court after Dussehra holidays, under ordinary process, to be served upon the respondents .
If the notices are so filed within the prescribed period, they are made returnable by 13.12.2017.
I.A. No.7042 of 2017This interlocutory application has been filed under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure for staying the further proceeding in Execution Case No.38 of 2015, pending before the District JudgeIX cum M.A.C.T., Dhanbad, (in connection with Title (M.V.) Suit No.183 of 2010) for realisation of the award of Rs.16,91,624/ with interest @ 6% from the date of filing. Learned counsel has submitted that the Tribunal has committed an error in computing the compensation by including the bonus as part of the salary of the deceased, moreover, the deceased was aged nearly 60 years and the Tribunal has erred in applying the multiplier 9 instead of 7 and prayed that the proceeding be stayed and he is ready to deposit the part of the amount.
Heard. If the appellants deposits Rs.6,50,000/ as part payment of the awarded compensation by 02.11.2017, further proceeding in Execution Case No.38 of 2015, pending before the District JudgeIX cum M.A.C.T., Dhanbad, (in connection with Title (M.V.) Suit No.183 of 2010) shall remain stayed till further order.
The amount so deposited shall be disbursed in favour of the respondents/claimants on proper identification and on their furnishing an undertaking on the terms and conditions which the trial court deems fit and proper to impose.
I.A. No.7042 of 2017 stands disposed off.
(Amitav K. Gupta, J.) NKC