Anant Ram versus Basu Ram and another FAO No.58 of 2018 16.05.2025 Present: Mr. Surya Chauhan, Advocate, for the appellant. Ms. Vaishali Lakhanpal, Advocate, for respondent No.1. CMP Nos. 635 and 636 of 2025 Appellant-Anant Ram has filed these applications under Order 22 Rule 4 of the Code of Civil Procedure for setting aside the abatement and for bringing on record Legal Heirs of deceased Respondent No.2-Surender Kumar, who has stated to have expired on 26.10.2020 alongwith application under Section 5 of the Limitation Act, seeking condonation of delay in filing the accompanying application. 2. Let notices on this application be issued to Legal Heirs of Respondent No.2-Surender Kumar, as mentioned in Para 2 of the application [i.e. CMP.M No. 635 of 2025], on taking steps within three days from today. 3. List the matter after four weeks. In the meantime, reply be also filed. CMP No.9600 of 2025 Applicant-Anant Ram has filed the instant application for modification of order dated 08.01.2025 passed by this Court, on the ground that in terms of the Award dated 30.10.2017 in MAC No. 18-2 of 2014, the applicant-Anant Ram and Surender Kumar were fastened liability of Rs.8,11,238/- alongwith interest @ 9% from date of petition within 45 days from passing of Award jointly and severely to the Claimant-Basu Dev alongwith interest in terms of the Award. 2. Upon listing of the instant appeal on 08.01.2025, this Court had passed the following order: “CMP No.240 of 2025 Applicant-appellant, Anant Ram has filed the instant application under Order 41 Rule 5 read with Section 151 of Code of Civil Procedure for staying the execution operation and implementation of the Award dated 30.10.2017 passed by Learned Motor Accident Claim Tribunal, Ghumarwin, District Bilaspur [HP], in MAC No.18-2 of 2015, decided on 30.10.2017, whereby the applicant-appellant was saddled with the liability of compensation of Rs.8,11,238/- [Rupees Eight Lakh Eleven Thousand Two Hundred Thirty Eight] along with 9% interest from the date of petition within 45 days from 30.10.2017. 2. Perusal of Para 6 of the application, indicates the reasons, whereby the applicant-appellant could not deposit the compensation amount in terms of Para 33 of the Award dated 30.10.2017. Application reveals that the applicant is 83 years old and he could not manage the amount levied on him earlier. Para 7 of the application further reveals that now the applicant- appellant has pledged his land with Cooperative Bank against agriculture loan which is pending, but he has now arranged the money from his nears and dears and an amount by way of Demand Draft dated 11.12.2024, amounting to Rs.6,00,000/- [Rupees Six Lakh] against the total compensation amount besides interest. Application is supported by an affidavit. 3. Upon listing of this application non- applicants are represented by Mr. Ramakant Sharma and Ms. Manisha Thampta, Advocates, who oppose the prayer for stay on the ground that though the compensation amount is Rs.8,11,238/- [Rupees Eight Lakh Eleven Thousand Two Hundred Thirty Eight] and interest at the rate of 9% per annum from the date of petition i.e. 30.10.2014, whereas the applicant-appellant is only remitting an amount of Rs.6,00,000/- [Rupees Six Lakh] as per the Demand Draft dated 11.12.2024. 4. On query by this Court, learned counsel for the applicant-appellant, states that efforts for depositing the balance amount shall be made and the same shall be deposited in terms of the Award on or before 15.03.2025. 5. Taking into account the entirety of the facts and circumstances and the bona fides shown by the applicant-appellant [Anant Ram] in remitting the Draft dated 11.12.2024 of Rs.6,00,000/- [Rupees Six Lakh], this Court directs the Registry of this Court to accept the Draft and the remitted amount be accrued in the FDR(s) in accordance with norms. 6. In these circumstances, the execution, operation and implementation of Award dated 30.10.2017, passed by Learned Motor Accident Claim Tribunal, Ghumarwin, District Bilaspur [HP] in MAC No.18-2 of 2014, titled as Basu Dev versus Anand Ram & anr. shall remain stayed till the next date of hearing. 7. It is clarified that in case the petitioner fails to remit the balance amount in terms of Award dated 30.10.2017 on or before 15.03.2025, as aforesaid, interim protection shall also automatically elapsed. Application stands disposed of. FAO (MVA) No.58 of 2018 List the matter on 27.03.2025, for further orders. 3. The matter was then listed on 27.03.2025 when, this Court had passed the following order: “Learned counsel for the appellant seeks four weeks more time to comply with order dated 08.01.2025. At his request, the time granted for deposit of amount vide order dated 08.01.2025 is extended till 25.04.2025. In case, the appellant fails to show compliance by said date, the interim protection shall stand vacated.” 4. Upon listing of the instant application, Ms. Vaishali Lakhanpal, learned counsel appearing for respondent No.1-Claimant opposes the application saying that the appellant/applicant had undertaken to remit/deposit entire balance amount, which has been violated. 5. Taking into account the entirety of the facts and circumstances, this Court is of the considered view, that the directions passed in the award by the Motor Accident Claims Tribunal, fastening the liability jointly and severely alongwith interest, cannot be read and interpreted to mean, that present appellant [Anant Ram] is to deposit his share only and not the share of Surinder Kumar [Respondent No.2] who had died. Such a plea will defeat the intent and spirit of the principle of “Jointly and Severally” in the Award. Moreover, in terms of the orders dated 08.01.2025 and 27.03.2025, the appellant had undertaken to deposit the balance amount of Rs.1,86,238/- [Rs.8,11,238-6,25,000/-] alongwith interest @ 9% beyond 45 days of passing of Award, which has been violated. 6. In these circumstances, the instant application for modification is devoid of any merit, and the same is dismissed. However, it is mandated that the appellant[Anant Ram] shall deposit the entire balance amount on or before 15.07.2025, failing which, the interim protection shall automatically stands vacated without further reference to the Court. Application stands disposed of. 16th May, 2025 (Ranjan Sharma) (himani] Judge