HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 732/2018
1. Chairman, Rajasthan State Road Transport Corporation, Chomu House, Jaipur. (Raj.) - Owner Of Bus No. RJ16-PA- 0940
2. Depot Manager, Rajasthan State Road Transport Corporation, Depot - Jalore, Jalore (Raj.) - Owner Of Bus No. RJ16-PA-0940
3. Depot Manager, Rajasthan State Road Transport Corporation, Depot-Pali, Dist. - Pali (Raj.) - Owner Of Bus No. RJ16-PA-0940 ----Appellants Versus
1. Roopa Ram (adopted) S/o Mana Ram, By Caste Patel, R/o Kulthana, Teh. - Rohat, Dist- Pali Raj.
2. Harpal Singh S/o Gada Ram, By Caste Meghwal, R/o Govindpura Dhani-Rawtala, Ps Khethri, Dist- Jhunjhunu Raj. At Present Driver, Rajasthan State Road Transport Corporation, Depot- Jalore, Jalore. (Raj.) Driver Of Bus No. RJ16-PA-0940 ----Respondents For Appellant(s) : Mr. M.R. Pareek For Respondent(s) : Mr. Ravi Panwar, Caveator HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 06/04/2021 Heard learned counsel appearing on behalf of the parties. As per learned counsel for the appellants, award has been made by the learned Tribunal without following the guidelines laid down in the judgment pronounced by Hon'ble the Apex Court in the case of "National Insurance Co. Ltd. Vs. Pranay Sethi & Ors.". He further stated that the claim petition has been filed on the basis of unregistered Adoption Deed and this fact has also not been considered by the learned Tribunal. (Downloaded on 06/04/2021 at 09:01:47 PM)
(2 of 2) [CMA-732/2018] Learned counsel appearing on behalf of the respondent No.1 (claimant) as a caveator stated that Tribunal has passed a reasoned judgment and award after considering the evidence of both the sides, as available on record.
Admit.
Issue notice to respondent No.2 only. Issue notice of stay petition also. Rule is made returnable within a period of two months.
In the meanwhile, effect, operation and execution of the impugned judgment and award dated 16.10.2017 passed by learned Judge, Motor Accident Claims Tribunal, Pali in Motor Accident Claim Case No.122/2015 titled as "Rooparam & Ors. Vs. Chairman R.S.R.T.C. & Ors." shall remain stayed qua the appellants-R.S.R.T.C. subject to the condition that the appellants shall deposit 50% of the award amount including interest, after taking into consideration any other deposit made by the appellants, within a period of two months.
The amount so deposited be disbursed to the claimants in the terms of the award.
As requested by learned counsel for the respondent- claimant, record may be sent back to the learned Tribunal with the direction that after disbursement of the amount the Tribunal may send back the record immediately to this Court.
List the matter after two months.
(DEVENDRA KACHHAWAHA),J 13-Rashi/-
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