Chairman vs Satyanarayan @ Shiv Lal Sain
2021 Latest Caselaw 19497 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 496/2021

1. Chairman, Ajmer Vidhyut Vitran Nigam Limited, Ajmer

2. Executive Engineer, Ajmer Vidhyut Vitran Nigam Limited, Industrial Area, Chanderiya, Chittorgarh

3. Assistant Engineer (Rural), Ajmer Vidhyut Vitran Nigam Limited, Gangras, District Chittorgarh

----Appellants Versus

1. Satyanarayan @ Shiv Lal Sain S/o Kashiram Sain, Bediyana Tehsil And District Chittorgarh

2. Gopali W/o Satyanarayan @ Shiv Lal Sain, Bediyana Tehsil And District Chittorgarh

3. Chanda W/o Rajkumar Sain, Bediyana Tehsil And District Chittorgarh

4. Anju D/o Satyanarayan @ Shiv Lal Sain, Bediyana Tehsil And District Chittorgarh

5. Manish S/o Rajkumar Sain, Bediyana Tehsil And District Chittorgarh

6. Ravi S/o Rajkumar Sain, Bediyana Tehsil And District Chittorgarh

7. Jiger S/o Rajkumar Sain, Bediyana Tehsil And District Chittorgarh

----Respondents

For Appellant(s) : Mr. Navneet Singh Birkh For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

20/12/2021

This first appeal has been filed by the appellant- Ajmer

Vidhyut Vitran Nigam Limited assailing the judgment and award

dated 13.08.2021, whereby and whereunder, the respondent-

(2 of 2) [CFA-496/2021]

claimants have been awarded compensation of Rs.10,56,136/-

with interest at the rate of 6% per annum with effect from

13.01.2014 under the Fatal Accident Act, 1955.

Learned counsel for the appellants seeks time to show as to

under which provision, they are not required to pay advalorem

court fees on the amount of compensation in the present first

appeal.

Issue notice, returnable in four weeks.

Learned counsel for the appellants submits that respondents

have filed execution, therefore, same may be stayed during the

appeal heard on admission.

In case, the appellants deposit an amount of Rs.7,00,000/-

within a period of four weeks before the trial court, the execution

of impugned judgment and decree for remaining amount shall

remain stayed.

On deposing of such amount, same may be disbursed to the

claimants on usual undertaking that the amount shall be restituted

to the appellants with the same at the rate of 6% per annum, in

case the appellants succeed in the appeal.

(SUDESH BANSAL),J

4-Taruna/-

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