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2026 Supreme(Online)(Chh) 29079

HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay Kumar Jaiswal, J
Branch Manager Magma H. D. I. General Insurance Company Limited – Appellant
Versus
Pooja Meenpal – Respondent
MAC No. 1047 of 2026



Advocates:
For the Appellants/Petitioners: Ashutosh Rathore
For the Respondents:

The Court condoned a 51-day delay in filing an appeal against a motor accident award subject to costs and granted a stay on the recovery of the award contingent upon the deposit of 80% of the awarded amount.

Headnote:(A) Condonation of Delay - Application for condonation - Delay of 51 days in filing the appeal condoned subject to payment of costs to the claimants.

(B) Interim Relief - Stay of recovery - Recovery of the award amount stayed subject to the appellant depositing 80% of the awarded amount within a specified period.

Issues: Whether the delay in filing the appeal should be condoned and whether interim stay on the recovery of the award should be granted.

Mr. Ashutosh Rathore, counsel for the appellant.

Heard on I.A. No. 01/2026, application seeking condonation of delay.

The accident occurred on 24.06.2024 and the award was passed on 28.11.2025. The instant appeal was filed on 20.04.2026 i.e. after a delay of 51 days but not a single penny has been deposited in favour of the claimants till date.

Considering all these facts, this Court finds it appropriate to impose some amount of cost upon the appellant while allowing the delay application. Accordingly, I.A. No. 01/2026 is allowed, and delay of 51 days would be condoned, subject to payment of a cost of Rs. 5,000/- by cheque to one of the claimants within a period of 30 days from today before the Tribunal.

Also heard on admission.

Admit.

Also heard on I.A. No. 02/2026, Application seeking stay/interim relief.

By impugned award dated 28.11.2025 passed in Claim Case No. 132/2024, the Tribunal has granted a total compensation of Rs. 32,46,240/- with annual interest @ 7%.

It is directed that on appellant’s depositing 80% of the awarded amount within a period of 30 days from today, the recovery of rest of the award shall remain stayed.

The claimants are entitled to withdraw the amount to be so deposited by the appellant/insurance company on furnishing an undertaking to return the said amount whenever the Court directs.

Accordingly, I.A. No. 02/2026 stands disposed of.

Issue notice to the respondents by ordinary as well as speed post. PF be paid within 7 working days.

Records of the Tribunal have been received.

List this case thereafter.

The receipts regarding deposits of payment of cost of Rs. 5,000/- as also 80% of the award amount directed by this Court, shall be filed by the next date of hearing.

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