IN THE HIGH CCWRT OF CHHATTUGARH AT BILASPUR ^-.-^UG' W.P.fag^NO. w. PETITIONERS Owners ^ 1;^ ^' 2. OF 2010 ^ In-Charge Officer, Geological Survey of India, Unit No.369, Wadraf Nagar, District Sarguj'a (CG) Director, Drilling Coal Offjce, OK- 6, ?(,ector-ll, GSI Comptex, Karunamayee Salt Lake City, Calcutta 700 091. VERSUS RESPONDENTS 1. Claimants \^^ ^.^y 3 •»y K,l^^' 'e^-' •^ "^•' Meena Devi, w/o Late Baron Mahto, aged about 40 years, Brajesh Kumar Mahto/S/o Late Baron Mahto, aged about 23 years, Bablu Kumar Mahto, s/o Late Baron Mahto, aged about 20 years. Pintu Kumar Mahto, s/o tate Baron Mahto, aged about 16 years, Through Natural Guardian Mother Meena Devi. Kumari Rakhi d/o Baron Mahto, aged about 18 years, All residents of Village Injani (Baheradaand) PS Chalgati, Tehsii Wadraf Nagar, District Sarguja (CG) PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OFINDIA 5. L__ _-t-— .4y^^^ ^ ff ^ S &i^^ 1 13 ^^y:"^' ^ 'i. ^..-y,/, ^^. '^^,->'" ..^ ': ^ ^ fflGH COURT OF CHIIATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra Writ Petition f227V No. 7404/2010 PETITIONER8 RESPONDENT8 In-Charge Officer, Geological Survey of India and anoliier Versus Meena Devi and odiers Apoearance: Smt. Fouzia Mirza, counsel for the petitioners. ¥ WMT PETITION UNDER ARTICLE 227 OF THE coNSTirimoN OF INDIA ORALORDER (15.12.2010) Heard. (2) In the claim petition preferred by the respondents an award allowing compensation ofRs.7,59,620/- along with interest @ 7% per annum was passed by the Motor Accident Claims Tribunal on 12/05/2009. In course of execution of the said ex-parte award, the petitioner moved an application under Order 9 Rule 13 ofCPC for an setting aside the ex-parte award. The petitioner also moved applieation before the executing tribunal for keeping in abeyance the proceedings of execution on the ground that the application for setting aside ex-parte award is pending. It is this prayer of the petitioners which has been rejected by the leamed executing tribunal by the impugned order. (3) Leamed counsel for the petitioners would submit that the deceased was an employee ofthe petitioner and an ex-gratia amount of Rs. 5 lakhs was paid to the dependants of the deceased .-^®^, ",,...^^ "'^ r) \".'1-^.-:'; -/2. immediately after death and subsequently an amount ofRs.3,31,000/- was paid in satisfaction ofthe award on the reasoning that the earlier paid ex-gratia amount would be included in the amount av^rded by the claims tribunal, (4) It is submitted by leamed counsel that no useful purpose would be served by auctioning the vehicle belonging to the Govemment of India, Department ofGeological Survey ofhidia and that any amount which is ultimately found to be due from the petitioner, after the decision in the application for setting aside ex-parte award, the same shallbe honoured. (5) In view of the above, it is directed that the leamed MJC tribunal where the application for setting aside the ex-parte award is pending shall make every endeavor to dispose of the application within a period of three months from the date of presentotion of certified copy ofthis order and during this period ofthree months the execution ofthe ex-parte award shall remain stayed. (6) In view of the fact that this order is passed by fhis court at tiie admission stage without hearing the respondents, &e said claimants/respondents shall be at liberty to move aa application seeking variance or modification of this order on permissible grounds. (7) With the above observation, the writ petition is disposed of. Sd/- Prashant Kumar Mishra Judge O^A