UNITED INDIA INSURANCE COMPANY LIMITED, vs SMT. RATNA DEWANGAN,

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MAC No.

197 of 2021 United India Insurance Company Limited, Through Its Divisional Manager, Divisional Office - 1st Floor Krishna Complex, Kutchery Chowk, Jail Road, Raipur, Tahsil And District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Appellant Versus 1.

Smt.

Ratna Dewangan, Wd/o Late Ramkumar Dewangan, Aged About 42 Years 2.

Khushbu @ Teenu, D/o Late Ramkumar Dewangan, Aged About 20 Years 3.

Atul, S/o Late Ramkumar Dewangan, Aged About 18 Years 4.

Nikita @ Meenu, D/o Late Ramkumar Chandrakar, Aged About 16 Years (Now She Is major) All are R/o - Ward No.

04, Near Jai Stambh Chowk, Behind Shiv Cycle Shop, Simga, Police Station - Simga, District - Balauda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 5.

Mohd.

Sajjad Khan, S/o Mohd.

Sirajul Khan, R/o - Address No.-1 Room No.- 03, Near Binda Bai Sonkar Hospital, Pachpedi Naka, Raipur, Police Station - Tikarapara, Raipur, Tahsil And District - Raipur Chhattisgarh.

Address No.2 - Through Jitendra Kumar Gupta, Ward No.-6, Nayapara, Mahasamund, District - Mahasamund Chhattisgarh (Driver), District : Mahasamund, Chhattisgarh 6.

Jitendra Kumar Gupta, S/o Lallu Prasad Gupta, R/o - Address No.

1 Ward No.- 06, Nayapara, Mahasamund, District - Mahasamund Chhattisgarh Address No.2- Near Nohar Hotel Chowk, Tikarapara, Raipur, Tahsil And District - Raipur Chhattisgarh. (Owner), District : Mahasamund, Chhattisgarh 1 Through Video Conference 08/04/2021 Shri Dashrath Gupta, counsel for the Appellant.

Heard on admission.

Admit.

Issue notice to the respondents on payment of P.F. as per rules.

Also heard on I.A.No.1/2021, an application for grant of stay.

Issue notice to the respondents on this application also, as above.

Meanwhile, purely as an interim measure, it is directed that the effect and operation of the impugned award dated 18.1. ated 18.1.2021 passed by the Chief Motor Accidents Claims Tribunal Raipur, District Raipur (CG) in Claim Case No.154/2017 shall remain stayed till the next date of hearing, subject to the Appellant's depositing 75% of the award under Appeal before the concerned Executing Court within a period of two months from today.

Respondent Nos.1 to 4/Claimants shall be entitled to withdraw the same without furnishing any kind of security before the concerned Executing Court.

It is made clear that if any of the conditions is violated, then this order shall lose its efficacy and the award impugned shall become executable forthwith.

Call for the records of the concerned Tribunal and post this matter along with MAC No.196/2021 after five weeks for consideration on I.A.No.1/2021.

Sd/- (Sanjay S.

Agrawal) Judge sunita