The National Insurance Company ... vs Indra
2021 Latest Caselaw 19038 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 623/2021

The National Insurance Company Limited, Deputy Manager, 3-4 Floor, Sun Tower, Near Passport Office, Main Pal Road, Jodhpur

----Appellant Versus

1. Indra W/o Khatu Ram Bheel, Aged About 32 Years, Badeta, Tehsil Ghatol, Dis. Banswara

2. Dashrath S/o Khatu Ram Bheel, Badeta, Tehsil Ghatol, Dis. Banswara

3. Maya D/o Khatu Ram Bheel, Badeta, Tehsil Ghatol, Dis.

Banswara

4. Monika D/o Khatu Ram Bheel, Badeta, Tehsil Ghatol, Dis.

Banswara

5. Anita D/o Khatu Ram Bheel, Badeta, Tehsil Ghatol, Dis.

Banswara

6. Govind S/o Khatu Ram Bheel, Badeta, Tehsil Ghatol, Dis.

Banswara

7. Kaliya S/o Bhog Bheel, Badeta, Tehsil Ghatol, Dis.

Banswara

8. Sukan W/o Kaliya Bheel, Badeta, Tehsil Ghatol, Dis.

Banswara

9. Narendra S/o Dhar Bheel, Kadbaliya, Tehsil Pipalkhut, Dis.

       Pratapgarh
                                                                ----Respondents


For Appellant(s)         :     Mr. T.R. Singh Sodha
For Respondent(s)        :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

14/12/2021

This appeal has been filed by the appellant-Insurance

Company on the ground that vehicle in question was not involved

in the accident and this objection was raised by the Insurance

(2 of 2) [CMA-623/2021]

Company, however, has not been dealt with by the Tribunal in the

impugned judgment and award dated 22.03.2021.

Heard learned counsel for the appellant.

Admit.

Issue notice to the respondent for appeal as also to the stay

application, returnable within ten weeks.

Meanwhile, in case, the appellant-Insurance Company

deposits 60% of the entire amount of compensation of

Rs.14,43,452 along with interest at the rate of 6% till the date of

deposition within a period of four weeks before the Tribunal, the

execution of the impugned judgment and award dated 22.03.2021

shall remain stayed. After the amount so deposited by the

appellant-Insurance Company, same may be disbursed to the

claimants in terms of the award dated 22.03.2021. The order in

relation to deposition/non-deposition of the remaining amount

shall be passed after hearing the counsel for claimants.

The Tribunal after completion of the proceedings of

deposition and disbursement of the compensation amount as

stated above, may send the record to this Court.

(SUDESH BANSAL),J

17-Taruna/-

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