Rajasthan High Court - Jodhpur
The Oriental Insurance Co. Ltd vs Smt. Lalita Choudhary And Ors on 14 January, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 69/2017
The Oriental Insurance Company Ltd. Through Divisional
Manager, Divisional Office Bhansali Tower, Residency Road,
Jodhpur. Insurer Of Vehicle Car No. Rj-27-Ta-0519
----Appellant
Versus
1. Smt. Lalita Choudhary Wife Of Late Shri Rajendra Kumar
Choudhary, Resident Of Kheroda, Tehsil Vallabh Nagar,
District Udaipur
2. Ms. Vandita Daughter Of Late Shri Rajendra Kumar
Choudhary, Resident Of Kheroda, Tehsil Vallabh Nagar,
District Udaipur
3. Mohit Choudhary Son Of Late Shri Rajendra Kumar
Choudhary, Respondent No. 2 And 3 Are Minor Through
Their Natural Guardian Mother Respondent No. 1,
Resident Of Kheroda, Tehsil Vallabh Nagar, District
Udaipur
4. Shankar Lal Lohar Son Of Jagdish Chandra Lohar,
Resident Of Bhandari Bawari, Lalbag, Nathdwara, District
Rajsamand Driver Of Car No. Rj-27-Ta-0519
5. Hemant Mali Son Of Shri Gopilal Mali, Resident Of Lalbag,
Nathdwara, District Rajsamand Owner Of Car No. Rj-27-
Ta-0519
6. Manish Son Of Anil Rajpal Sindhi, Resident Of D-40, E-
Class, Pratapnagar, Udaipur Owner Of Vehicle Tractor
7. Hdfc Agro General Insurance Company Ltd. Through
Manager, Office At Udaipur
8. Shyam Sundar Son Of Shri Bhanwarlal Choudhary,
Resident Of Kheroda, Tehsil Vallabhnagar, District Udaipur
9. Smt. Ramibai @ Rameshwari Devi Wife Of Shri Shyam
Sundar Choudhary, Resident Of Kheroda, Tehsil
Vallabhnagar, District Udaipur
----Respondents
For Appellant(s) : Mr. L.D. Khatri
For Respondent(s) : Mr. R.S. Mankad
Mr. R.S. Bhati
(2 of 3) [CMA-69/2017]
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
14/01/2021
The matter comes upon an application filed by the
respondent seeking modification in the interim order dated
06.08.2018.
By order dated 06.08.2018, this Court inter alia directed as
under:
"Heard on stay application.
In the facts and circumstances of the case, as
the compensation awarded by the Tribunal has
already been disbursed to the claimants, the
amount placed in fixed deposits i.e. Rs. 1,50,000/-
for three years, Rs. 1,50,000/- for five years, Rs.
1,50,000/- for seven years and Rs. 1,50,000/- for
ten years in the name of Smt. Lalita shall not be
disbursed along with interest to said claimant
without prior permission of this Court."
Submissions have been made that though the direction has
been given for not disbursing the amount placed in fixed deposit
amounting to Rs. 6 Lakh, the interest on the said fixed deposits
may be ordered to be paid to the claimants and to the said extent
the interim order be modified.
Learned counsel for the appellant opposed the application
inter alia indicating that out of a total award of about Rs. 31 Lakh,
the interim order was granted to the extent of Rs. 6 Lakh on the
Court coming to the conclusion that the award was excessive to
the said extent and, therefore, the interest on the said fixed
deposits also cannot be ordered to be paid to the claimants so as
to deprive the appellant from the said amount.
In view of the above fact situation, wherein, the interim
order was granted by the Court prima facie coming to the
(3 of 3) [CMA-69/2017]
conclusion about the award being excessive, the application filed
by the respondent is dismissed.
However, looking to the nature of case and the fact that in
view of judgments of Hon'ble Supreme Court its now only a matter
of calculation, the appeal be listed for hearing on 11.02.2021.
(ARUN BHANSALI),J
39-Sachin/-
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