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Chattisgarh High Court

Smt. Poonam vs Anil Kumar Agrawal on 5 December, 2022

                                                                                  NAFR
                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                 MAC No. 824 of 2016
    The New India Assurance (Insurance) Company Limited Through Branch Manager
     Sattigudi Chouk, Raigarh District Raigarh, Chhattisgarh Through Authorised
     Signatory The New India Assurance (Insurance) Company Ltd. Old Bus Stand
     Road Bilaspur, Chhattisgarh,
                                                                           ---- Appellant
                                        Versus
  1. Smt. Poonam Wd/o Late Kapil Dev Pandey, Aged About 20 Years
  2. Basant Dev Pandey, S/o Chhunnu Dev Pandey, Aged About 50 Years
  3. Smt. Saraswati Devi, aged 45 years, W/o Basant Dev Pandey, Occupation House
     Wife, Caste Bramhan, R/o Village Rajasarai Post Asnahar Tehsil Duddhi, District
     Sonbhadra, Uttar Pradesh, Present Address Opposite State Bank Of India
     Raigarh Road Kharsiya, P. S. And Tehsil Kharsiya District Raigarh, Chhattisgarh
  4. Anik Kumar Agrawal, S/o Ganesh Prasad Agrawal, Owner Of The Vehicle Enova
     R/o Ward No. 12, Mouhuvapali Road Kharsiya Tehsil Kharsiya District Raigarh,
     Chhattisgarh .....Owner
  5. Manmohan Kumar Alias Bade Guddu, S/o Dau Ram Rathour Aged About 29
     Years Occupation Driver, R/o Village Aghera P. S. Masturi, District Bilapsur,
     Chhattisgarh.......Driver
                                                                       ---- Respondents

 Smt. Poonam and others ---- Appellants Versus  Anil Kumar Agrawal and others ---- Respondent 05/12/2022 Shri Priyanshu Gupta, counsel for the appellant in MAC No.824/2016 and for respondent No.3 in MAC No.821/2016.

Shri Rahul Mishra, counsel for the appellants in MAC No.821/2016 and for respondents No. 1 to 3 in MAC No.824/2016.

Shri Sanjay Agrawal, counsel for respondent No.4 in MAC No.824/2016 and respondent No.1 in MAC No.821/2016.

Shri Rahul Mishra, learned counsel for the claimants submits that copy of memo of appeal and the application annexed therewith have not yet been supplied to him.

Shri Priyanshu Mehta, learned counsel for the appellant/insurance company is directed to supply copy of memo of appeal and the application (IA No.01/2016) to counsel for respondents/claimants.

Heard on IA No.01/2016, application for grant of stay.

This appeal has been filed against the award dated 16.3.2016 passed in Claim Case No.115/2014 by III Additional Motor Accident Claims Tribunal, Raigarh, awarding total compensation of Rs.7.43 lacs with interest @ 6% p.a. from the date of claim petition till realization.

Learned counsel for the appellant/insurance company submits that Tribunal did not consider the nature of the insurance policy and the contractual liability thereof. It was Act Only Policy and as such, occupant of the vehicle was not covered as third party. The accident occurred solely due to rash and negligent driving of the offending vehicle which is clear from the evidence of eyewitness also. Therefore, the execution of the impugned award may kindly be stayed.

Reliance has been placed on the judgment of the Hon'ble Supreme Court in the matter of National Insurance Co. Ltd. Vs. Balkrishnan and another, (2013) 1 SCC 731.

Considering the facts and circumstances of the case, purely as an interim measure, it is directed that on appellant/insurance company depositing 75% of the awarded amount before the concerned Tribunal within 60 days, execution of the remaining part of the awarded amount shall remain stayed until further orders.

It is made clear that this order shall not come in the way of disbursement of the awarded amount so deposited by the insurance company in favour of the claimants upon due verification.

List these cases for final hearing in January, 2023.

sd/ (Rajani Dubey) Judge Khan