2016 Supreme(Raj) 182

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
MAHESH CHANDRA SHARMA, J.
National Insurance Company Limited - Appellant
Vs.
Ramesh - Respondent
S.B. Civil Misc. Appeal No. 1484 of 2016 & S.B. Civil Misc. Stay Appl. No. 946 of 2016
Decided On : 16-08-2016

The main legal point established in the judgment is the application of Sec. 5 of the Limitation Act to allow the application, condone the delay, and stay the operation of the impugned judgment and award on specific conditions regarding the deposit and disbursement of compensation.

Headnote:

Limitation Act - Stay of Impugned Judgment and Award - The court allowed the application filed under Sec. 5 of the Limitation Act, condoned the delay, and issued a notice to the respondent/s of the appeal. The operation of the impugned judgment and award was stayed on the condition that the appellant deposits the entire amount of compensation with the learned Tribunal within a period of eight weeks from the date of the judgment. The Tribunal was directed to disburse 50% of the deposited amount to the claimants immediately and keep the rest in Fixed Deposit in a Nationalized Bank.

Fact of the Case:

Application filed under Sec. 5 of Limitation Act is allowed for the reasons mentioned therein. Delay is condoned. Issue notice to the respondent/s of the appeal as also stay application, returnable within four weeks. Having heard the learned counsel for the appellant and carefully perused the relevant material on record including the impugned award, it is ordered that the operation of the impugned judgment and award shall remain stayed, provided the appellant deposits the entire amount of compensation with the learned Tribunal within a period of eight weeks from today. The learned Tribunal is directed that out of the amount so deposited by the appellant, 50% amount shall be disbursed to the claimants in accordance with the terms under the award immediately, and rest of the amount under the award shall be kept in Fixed Deposit in any Nationalized Bank, but the same shall not be disbursed to the claimants till further orders of this court.

Finding of the Court:

The court allowed the application filed under Sec. 5 of the Limitation Act, condoned the delay, and issued a notice to the respondent/s of the appeal. The operation of the impugned judgment and award was stayed on the condition that the appellant deposits the entire amount of compensation with the learned Tribunal within a period of eight weeks from the date of the judgment. The Tribunal was directed to disburse 50% of the deposited amount to the claimants immediately and keep the rest in Fixed Deposit in a Nationalized Bank.

Issues: Application under Sec. 5 of Limitation Act, delay condonation, stay of impugned judgment and award, disbursement of compensation to claimants, and direction to keep the remaining amount in Fixed Deposit.

Ratio Decidendi: The court applied the provisions of Sec. 5 of the Limitation Act to allow the application and condone the delay. The decision to stay the impugned judgment and award was influenced by the condition of depositing the entire amount of compensation and the direction for disbursement and Fixed Deposit.

Final Decision: The final decision was to allow the application under Sec. 5 of the Limitation Act, condone the delay, issue notice to the respondent/s of the appeal, and stay the operation of the impugned judgment and award on the condition of depositing the entire amount of compensation. The Tribunal was directed to disburse 50% of the deposited amount to the claimants immediately and keep the rest in Fixed Deposit in a Nationalized Bank.