Smt. Prem Devi W/O Late Sh. Harlal ... vs Rahul Yadav S/O Sh. Rajendra Singh ...
2021 Latest Caselaw 3951 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1871/2020

Smt. Prem Devi W/o Late Sh. Harlal Mina
                                                                  ----Appellant
                                   Versus
Rahul Yadav S/o Sh. Rajendra Singh Yadab
                                                                ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 852/2020 United India Insurance Co. Ltd.

----Appellant Versus Smt. Prem Devi W/o Late Shri Harlal Meena

----Respondent S.B. Civil Miscellaneous Appeal No. 853/2020 United India Insurance Co. Ltd.

----Appellant Versus Lt. Col. Rajender Singh Yadav S/o Late Shri Jawala Prasad Yadav

----Respondent S.B. Civil Miscellaneous Appeal No. 254/2021 Leutt. Col. Rajendra Singh Yadav Son Of Late Shri Jwala Prasad Yadav.

----Appellant Versus Ganesh Meena Son Of Sitaram Meena,

----Respondent

For Appellant(s) : Mr.Kamal Kumar Gupta, Adv.

Mr.Rishipal Agarwal, Adv. (Through VC) For Respondent(s) : Mr.Vikram Singh Solanki, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

24/08/2021

S.B.C.M.A. Nos.1871/2020 & 254/2021:-

(2 of 3) [CMA-1871/2020]

Learned counsel for the appellants Mr.Kamal Kumar Gupta

and Mr.Vikram Singh Solanki will furnish a copy of the misc.

appeals in the office of Mr.Rishipal Agarwal, Adv., who is appearing

for Insurance Company. His name be shown in the cause list.

S.B.C.M.A. No.853/2020:-

The matter comes up on an application filed on behalf of the

claimants-applicants for vacating the ex-parte order dated

06.03.2020 and further prayer is made to disburse the amount of

compensation in favour of the claimants.

Learned counsel appearing for the claimants Mr.Vikram Singh

Solanki submitted that this Court on 06.03.2020 had directed the

Insurance Company to deposit the entire award amount within one

month and operation/execution of the impugned judgment and

award dated 27.11.2020 was stayed.

Learned counsel for the claimants submitted that claimants

are legal heirs of the deceased and as such, due to stay order

passed by this Court, no amount has been received by them.

Learned counsel appearing for the appellant Mr.Rishipal

Agarwal submitted that this Court considering prima facie case in

favour of the appellant-Insurance Compnay has stayed the

operation of impugned award.

Learned counsel further submitted that though compliance of

the order passed by this Court has been made by depositing the

entire amount, ex-parte interim order may not be vacated by this

Court.

I have heard learned counsel for the parties.

This Court finds that the claimants are legal heirs of

deceased and as such, they are required to be paid at-least 50%

(3 of 3) [CMA-1871/2020]

of the total award amount, which has been deposited by the

Insurance Company, by giving an undertaking that payment so

made to them will be subject to final outcome of the appeal. The

remaining 50% of the amount will be kept in FDR for a term of

one year and the same may be renewed from time to time.

Accordingly, the application stands disposed of.

(ASHOK KUMAR GAUR),J

Aarzoo Arora/Himanshu Soni/11-14

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