United India Insurance Co. Ltd vs Par Singh
2021 Latest Caselaw 2359 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1325/2020

United India Insurance Co. Ltd., Through Its Manager (Legal Hub) 74 , N Bhati Plaza Building Pal Road , Jodhpur

----Appellant Versus

1. Par Singh S/o Shri Dubala, Aged About 50 Years, B/c Bheel , R/o Jamudi Tehsil Gagantalai Distt. Banswara (Raj.)

2. Smt. Laxmi Devi Upadhyay W/o Phool Shankar Upadhyay, Age Major By Caste Brahmin R/o Tripura Colony , Dahod Road, Thikariya Tehsil And Distt.banswara (Raj.) (Registered Owner Of The Truck No Rj 03 Ga 0222)

3. Bhupesh Upadhyay S/o Phool Shankar Upadhyay, B/c Brahmin R/o Tripura Colony , Dahod Road, Thikariya Tehsil And Distt. Banswara (Raj.) (Power Of Attorny Holder Owner Of The Truck No Rj 03 Ga 0222)

4. Manohar Singh S/o Shri Dhula Singh, Age Major B/c Rajput R/o Oberi Tehsil Sangwara Distt. Dungarpur At Present Residing At Amar Deep Nagar Banswara , Tehsil And Distt. Banswara (Driver Of Vehicle Truck No Rj 03 Ga 0222)

----Respondents

For Appellant(s) : Mr. N.K. Joshi. For Respondent(s) : Mr. Parikshit Nayak.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/01/2021

Admit.

Issue notice.

Mr. Parikshit Nayak, Advocate has put in appearance on

behalf of respondent No.1.

(2 of 2) [CMA-1325/2020]

Issue notice to respondents No.2 to 4 only, returnable within

four weeks.

In the meanwhile and till the next date of hearing, the effect

and operation of the judgment and award dated 24.01.2020

passed by Motor Accident Claims Tribunal, Banswara in Motor

Accident Claim Case No.106/2017 shall remain stayed provided

the appellant deposits 50% of the amount awarded by the Tribunal

within a period of four weeks from today.

On depositing the same, the Tribunal shall disburse the said

amount to the claimants in accordance with law. The said amount

shall include the amount already deposited by the appellant-

company as per the proviso of Section 173 and Section 140 of the

Motor Vehicles Act.

(VINIT KUMAR MATHUR),J

11-AnilSingh/-

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