HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3212/2018
Tata Aig General Insurance Co Ltd
----Appellant
Versus
Mamta Choudhary W/o Late Harish Choudhary & Ors.
----Respondents
Connected With S.B. Civil Miscellaneous Appeal No. 3427/2018 Mamta Choudhary W/o Late Shri Harish Choudhary & Anr
----Appellants Versus Deepak Choudhary S/o Shri Gajendra Choudhary, & Ors.
----Respondents For Appellant(s) : Mr. Rajdeep Rathore for Mr. Ashdeep Singh For Respondent(s) : Mr. Akshat Chaudhary HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/04/2022 Both these appeals have been filed against the judgment and award dated 11.04.2018 passed by Motor Accident Claims Tribunal (ADJ No.3), Beawar (Ajmer), in Motor Accident Claim Petition No.111/2016 (old No.140/2014) whereby compensation of Rs.63,84,840/- has been awarded in favour of claimants.
It has been alleged that the Insurance Company has deposited the entire amount of compensation pursuant to the order dated 26.07.2018 passed by this Court in Appeal No. 3212/2018.
Heard learned counsel for both parties. Appeals are admitted for hearing.
Since respective counsel for both parties has put in appearance, no need to issue notices.
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(2 of 2) [CMA-3212/2018] Respondents-Claimants have also filed an application under Order 41 Rule 27 CPC to place on record certified copy of award dated 10.07.2021. Learned counsel for claimants submits that in the award dated 10.07.2021, the Insurance Company has entered into a settlement with other claimants, in relation to the same accident and on settlement before the National Lok Adalat, the award was passed.
Looking to the relevancy of the award dated 10.07.2021, which is a certified copy, the same is taken on record.
Accordingly, the application under Order 41 Rule 27 CPC stands allowed.
Having considered the facts and circumstances of the present case, out of the compensation amount so deposited by the Insurance Company before the tribunal, 50% be disbursed to claimants through their saving bank accounts, subject to furnishing a written undertaking by respondent-claimants that in case the Insurance Company succeeds in its appeal, they will restitute the amount of compensation received by them. Remaining 50% shall remain deposited in FDR before nationalized bank for a period of three years subject to renewal from time to time.
Accordingly, the stay application stands disposed of. Record of the tribunal be returned, in order to complete proceedings of disbursement, with a direction that thereafter the record shall be returned to this Court.
(SUDESH BANSAL),J Sachin/64-65 (Downloaded on 13/04/2022 at 08:56:18 PM) Powered by TCPDF (www.tcpdf.org)