HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 528/2022
Cholamandalam Ms General Insurance Co. Ltd.
----Appellant
Versus
Smt. Kamli Devi W/o Late Sarjan Kumar and Ors.
----Respondents
For Appellant(s) : Mr. Santosh Soni, Advocate for Mr. Virendra Agrawal, Advocate For Respondent(s) : Mr. Praveen Kumar Jain, Advocate HON'BLE MR. JUSTICE PRAKASH GUPTA Order 04/07/2022 S.B. Civil Misc. Appeal No. 528/2022 Heard counsel for both parties.
Appeal is admitted.
Since respondent No. 1 to 5 are duly represented by their counsel, fresh notice need not be issued to them.
Issue fresh notice to the other respondents. Let a reminder be issued to the Tribunal for sending the record to this Court immediately.
Application No. 1/2022 Matter comes up on an application filed by the claimants / respondent Nos.1 to 5 for disbursement of the amount of compensation.
Heard learned counsel for the parties. Learned counsel for the respondents/claimants submits that the appellant - Insurance Company filed the present appeal challenging the judgment and award dated 13.12.2021 passed by (Downloaded on 24/07/2022 at 11:22:57 PM) (2 of 3) [CMA-528/2022] the Motor Accident Claims Tribunal, Tonk, whereby the Tribunal awarded a sum of Rs.12,63,260/- as compensation in favour of the claimants alongwith interest @ 7.5% per annum. However, on 04.03.2022 when the matter was listed before this Court, this Court stayed the operation / execution of the impugned judgment and award dated 13.12.2021 passed by the Tribunal on the condition that the appellant shall deposit the entire award amount with the Tribunal within one month. Appellant has already deposited the amount of compensation with the Tribunal. However, due to interim order dated 04.03.2022 passed by this Court, the amount has not been disbursed to the claimants. In the present matter, accident took place on 24/25.07.2018, and on account of non-payment of the money, claimants are suffering great hardship. He prays that the amount of compensation deposited by the appellant Insurance Company may be disburse to the claimants.
On the other hand, learned counsel for the Insurance Company has opposed the same and submits that the amount of compensation awarded by the Tribunal is on higher side. However, he has no objection if 50% of the amount of compensation is released in favour of the claimants.
Taking into consideration the facts and circumstances of the case, the Tribunal is directed to disburse 50% of the award amount in favour of the claimants provided they furnish an undertaking before the Tribunal to the effect that if the appeal is finally decided against them, they would return the amount to the appellant - Insurance Company along with interest @ 7.5% per annum from the date of its receipt. Rest 50% of the award amount be deposited in FDR of any Nationalized Bank initially for a (Downloaded on 24/07/2022 at 11:22:57 PM) (3 of 3) [CMA-528/2022] period of one year to be renewed from time to time. Application stands disposed of accordingly.
The Tribunal may complete proceedings of deposition and disbursement of compensation as mentioned hereinabove and thereafter send the record to this Court.
Accordingly, the application for disbursement of compensation amount stand disposed of.
(PRAKASH GUPTA),J MR/Kud/58 (Downloaded on 24/07/2022 at 11:22:57 PM) Powered by TCPDF (www.tcpdf.org)