Ratan Lal vs Jagdev Singh
2021 Latest Caselaw 19039 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1233/2019

Ratan Lal S/o Shri Ramswaroop, Aged About 45 Years, R/o Ward No. 10, Sadulshaher, District Sri Ganganagar (Son Of The Owner Of Bus)

----Appellant Versus

1. Jagdev Singh S/o Shri Balbir Singh, B/c Jat Sikh, R/o Gadarkhera, Tehsil Sadulshaher, District Sri Ganganagar.

2. Daljeet Singh S/o Nishan Singh, B/c Jat Sikh, R/o Jhoradkhera Police Station - Sarwar Khuiyan, Tehsil - Abohar, District Firozpur. (Driver)

3. National Insurance Company Limited, Through Its Branch Manager, Sri Ganganagar. (Insurer)

----Respondents

For Appellant(s) : Mr. Vishal Singhal For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

14/12/2021

The present civil misc. appeal has been filed by the owner of

the vehicle, assailing the judgment and award dated 31.01.2019,

which has already been admitted. Since during the course of

appeal, the execution of award was not stayed, therefore, the

appellant received notice for recovery of amount of Rs.1,67,626/-

as on 27.08.2021, hence, he filed the second stay application.

Learned counsel for the appellant prays that in view of filing

second stay application, he does not press his first stay

application, as first stay be dismissed as not pressed with liberty

to pursue his second stay application. Prayer is allowed.

(2 of 2) [CMA-1233/2019]

Heard on the second stay application.

In case, the appellant deposits the entire amount of

compensation along with interest until the date of deposit before

the Tribunal within a period of two weeks, the execution of

impugned judgment and award dated 31.01.2019, shall remain

stayed during the course of this appeal. One of the compensation

amount so deposited by the appellant, Rs.1,25,000/- may be

disbursed to the respondent-claimants and remaining amount

shall remain deposited before the Tribunal. The disbursement of

remaining amount shall remain subject to permission of this

Court.

Issue notice of the second stay application to the

respondents, returnable within a period of ten weeks.

(SUDESH BANSAL),J

132-Ravi Kh/-

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