Condonation of delay under Section 5 of the Limitation Act and the granting of interim stay on the execution of a motor accident award subject to the deposit of a specified percentage of the award amount.

Order Sheet

Heard on I.A. No. 02 of 2025, an application under Section 5 of the Limitation Act, 1963.

Learned counsel for the appellant would submit that Insurance Company has preferred this appeal with delay of 30 days. She would submit that delay part has properly been explained. She would pray to condone the delay.

On the other hand, Mr. Tulsyan would oppose.

Heard.

Taking into consideration the period of delay caused in filing instant appeal and reasons assigned in the application, I.A. No. 02 of 2025 is allowed and delay of 30 days caused in filing instant appeal is hereby condoned.

Admit.

Heard on I.A. No. 01 of 2025, an application for grant of interim relief/stay.

Ms. Aditi Diwan would submit that the claimants pleaded income of the deceased 35,000/- per month and the learned Tribunal has assessed income of the deceased based on pleading made by the claimants. She would submit that the source of income was grocery shop and same is being run by the claimants, therefore, there would be no loss of income rather loss of management. She would submit that the execution proceeding is going on. Thus, she would pray for grant of stay.

On the other hand, Mr. Tulsyan would oppose.

Heard.

Taking into consideration the submission made by Ms. Diwan, if the Insurance Company deposits 75% of award amount with interest component within a period of 60 days from today, the execution of remaining part shall remain stayed.

The claimants would be at liberty to withdraw the amount as per terms mentioned in the award.