Shriram General Insurance ... vs Smt. Santa Devi W/O Late Shri ...
2021 Latest Caselaw 1526 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 2070/2020

Shriram General Insurance Company
                                                                    ----Appellant
                                    Versus
Smt. Santa Devi W/o Late Shri Rambabu & Anr.
                                                                 ----Respondents

For Appellant(s)          :     Mr. R.P. Vijay
For Respondent(s)         :     Mr. Navankar Dubey
                                Mr. SantoshKumar Soni

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

11/02/2021

S.B. Civil Misc. Application bearing Inward No. 1/2020.

Learned counsel for the respondents does not want to press

this application.

The application is dismissed as not pressed.

S.B. Civil Misc. Application bearing Inward No. 2/2020

This application has been filed for vacation of stay order

dated 26.08.2020, passed by co-ordinate bench of this court as

well as for disbursement of the award amount.

Learned counsel for the claimants submits that the claimants

are facing financial hardship, therefore, instead of vacating the

interim order dated 26.08.2020, 35% of the award amount be

disbursed in favour of the claimants.

Learned counsel for the Insurance Company does not oppose

the same.

After hearing learned counsel for both the parties, having

regard to the impugned judgment and award passed by the

(2 of 2) [CMA-2070/2020]

Tribunal and looking to the facts and circumstances of the case,

35% of the deposited award amount is ordered to be released to

the claimants on their furnishing an undertaking on oath to the

effect that if the Insurance Company, ultimately suceeds in the

appeal, the said amount shall be refunded with interest @6% per

annum from the date of release till refund to them. Remaining

65% of the deposited award amount be invested in the FDR in a

nationalized bank for a period of one year, which shall be renewed

from time to time.

The application stands disposed of accordingly.

(CHANDRA KUMAR SONGARA),J

CHHAYA AWASTHI /19

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