JUDGMENT

Amitav K. Gupta, J. – I.A. No.7634 of 2013

This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of six days in preferring the present appeal.

2. Learned counsel for the respondents is in attendance.

3. Being satisfied with the reasons assigned in para nos.2 to 11 of the supporting affidavit, sufficient cause is made out, accordingly the delay is condoned.

4. I.A. No.7634 of 2013 stands allowed.

I.A. No.9727 of 2017

5. This interlocutory application has been filed under Order XLI Rule 5(5) read with Section 151 of the Code of Civil Procedure for staying further proceeding in Execution Case No.5 of 2013, pending in the court of the District JudgeVII cum Motor Vehicle accident Claims Tribunal, Dhanbad for realisation of the awarded compensation of Rs.23,42,650/ with interest @ 4% payable from the date of filing of the application.

6. Learned counsel has submitted that the court below should have considered the fact that the hotel which was being run is still in existence and the income of the deceased has not been affected, therefore, the awarded compensation is not in consonance with the material evidence and facts on rec