Chairman, R.S.R.T.C And Ors vs Roopa Ram And Anr
2021 Latest Caselaw 8932 Raj

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-

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.

(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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