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2025 DAILYLAW 28418 (HP)

ANANT RAM v. BABU DEV AND ANOTHER

CMP/240/2025 · 2025-01-08

Ranjan Sharma

body2025

Judgment text

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Anant Ram versus Basu Dev & anr. FAO (MVA) No.58 of 2018 08.01.2025. Present: Mr. Tara Singh Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate, for the applicant-appellant. Mr. Ramakant Sharma and Ms. Vishali Lakhanpal, Advocates, for respondent- non-applicant No.1. Ms. Manisha Thampta, Advocate vice Mr. Hakam Bhardwaj, Advocate, for respondent-non-applicant No.2. 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. (Ranjan Sharma) January 08, 2025 Judge (Shivender)