New India Assurance Co Ltd vs C D SINGLA

HEARD the learned Counsel for the petitioner. The District Forum by order dated 15. 9. 2008 in execution application directed the petitioner to pay the entire amount because they have not complied with the order dated 12. 8. 2008 of the National Commission. It is seen from the order dated 12. 8. 2008 this Commission has given a stay on the ground that the petitioner should pay Rs. 5,000 to the respondent and depositing half of the awarded amount with the District Forum within a period of four weeks. The petitioner deposited Rs. 1,25,000 as the 50% of the principal amount awarded by the State Commission. The balance compensation of Rs. 10,000 and Rs. 5,000 towards cost of litigation which amounts to Rs. 15,000 and 50% of that amount which has not been deposited by the petitioner. It is a matter of presumption that 50% of the entire awarded amount should be deposited. Since it is a matter of presumption, this issue could have easily been resolved by asking the balance Rs. 7,500. In view of the aforesaid discussions, issue notice to the respondent and stay granted. In the meantime, petitioner is directed to deposit the balance amount of Rs. 7,500 within three weeks. Ordered accordingly.