O R D E R

% 04.09.2024 CM APPL. 51262/2024 Exemption allowed, subject to all just exceptions.

The application stands disposed of.

MAC.APP. 467/2024 & CM APPL. 51261/2024 (stay)

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the appellant seeking the following reliefs:-

“1) Accept the present appeal by setting aside the judgement dated 02.07.2024 passed by the presiding officer MACT-01, Central, Tis Hazari Courts, Delhi in MACT No. 418/2021 titled as Mehjabeen Vs Santosh Rai @Raut & Ors.

2) The cost of the appeal be also awarded”

2. Learned counsel appearing on behalf of the appellant submitted that by way of the application bearing no. CM APPL. 51261/2024, the appellant seeks interim relief of stay on the operation of the impugned judgment dated

2nd July, 2024 passed by the learned Tribunal. It is submitted that serious prejudice would be caused to the appellant in case the stay on the operation of the impugned judgment is not granted. Learned counsel for the appellant, on instructions, undertakes that the appellant shall deposit the entire compensation amount awarded by the learned Tribunal, alongwith the interest from the date of filing of the claim petition filed before the learned Tribunal. Hence, she prays for grant of interim relief of stay on the operation of the impugned award.

3. Heard learned counsel appearing on behalf of the appellant.

4. Learned counsel appearing on behalf of appellant submitted that in the present matter, notice may be issued to the respondent nos. 1 to 3 and the notice qua the other respondents may be dispensed with.

5. In regard to the prayer of the appellant with respect to the interim relief, this Court is of the view that the instant matter requires consideration and, prima facie, the balance of convenience lies in favour of the appellant.

6. Therefore, subject to the deposition of the entire compensation amount awarded by the learned Tribunal, alongwith the interest from the date of filing of the claim petition, before the Registrar General of this Court within six weeks from today, the operation of the impugned award dated 2nd July, 2024 shall be kept in abeyance till the next date of hearing. The amount so deposited by the appellant shall be invested in an interest bearing FDR in an auto renewal mode.

7. As prayed, notice qua the respondents nos. 4 and 5 is dispensed with.

8. Notice is accepted by learned counsel appearing on behalf of respondent nos.1 to 3.

9. Parties are directed to file written arguments within eight weeks.

10. List on 12th December, 2024.

11. In the meantime, LCR be requisitioned in digital form.

CHANDRA DHARI SINGH, J SEPTEMBER 4, 2024 NA/av Click here to check corrigendum, if any