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High Court of Himachal Pradesh · body

2025 DAILYLAW 7267 (HP)

USHA DEVI v. Sudesh Devi and Ors.

CMP.M/331/2023 · 2025-08-20

Bipin Chander Negi

body2025

Judgment text

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Usha Devi Vs. Sudesh Devi and Ors. CMP(M) No.331 of 2023 20.08.2025 Present: Mr. Prantap Sharma, Advocate, for the applicant. Mr. Divya Raj Singh, Advocate, for respondents No.1 to 4. Mr. Vinod Kumar Soni, Advocate, for respondent No.5. Heard counsel for the parties and perused the pleadings. The predecessor-in-interest of the present applicant/appellant was respondent No.2 before the Motor Accident Claims Tribunal. Admittedly, the said predecessor-in-interest of the applicant/appellant had died on 11.09.2022 i.e. three days before the passing of the Award. Subsequent to the death of Sh. Anoop Kumar i.e. respondent No.2 before the MACT, the family members of the deceased were engaged in performing the last rites of the deceased. It is only subsequently in the second week of February 2023, when they contacted the counsel that then they became aware of the passing of the impugned award. For the aforesaid sufficient cause shown, delay in filing the appeal is condoned. Application stands disposed of. FAO(MVA) of 2025 Be registered. List for admission after four weeks. CMP No. of 2025 Be registered Operation and execution of the impugned award dated 14.09.2022, passed by the learned Motor Accident Claims Tribunal Una, District Una, HP, in MACP CIS Registration No.34/2019, are ordered to be stayed, subject to deposit of the entire awarded amount along with upto date interest accrued thereupon within four weeks from today, failing which, the interim order shall stand vacated automatically. Application stands disposed of. (Bipin C. Negi) Judge 20th August, 2025 (Gaurav Rawat)