United India Insurance Company ... vs Smt. Santosh Devi W/O Late Sh. ...
2021 Latest Caselaw 516 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 5624/2019

United India Insurance Company Ltd.
                                                                   ----Appellant
                                   Versus
Smt. Santosh Devi & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Lokesh Parihar, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

20/01/2021

Matter comes up on an application under Section 151

CPC for modification / correction in the order dated 11.12.2020

passed by this Court.

Learned counsel for the appellant-Insurance Co.

submits that on 11.12.2020 when the matter was listed before

this Court, it was requested by him that present matter is

remanded back matter and the entire award amount had already

been deposited by the Insurance Co. pursuant to the award earlier

passed by the Tribunal, but due to poor connectivity, it could not

brought to the notice of the Court. Resultantly on 11.12.2020

while issuing notice to the respondents and staying operation of

the impugned judgment and award, this Court directed to deposit

the entire award amount alongwith interest again before the

Tribunal within a period of four weeks. He prays that in this view

of the matter, the order dated 11.12.2020 passed by this Court be

modified to the extent of directing the appellant - Insurance Co. to

deposit the entire award amount with the Tribunal again. He

(2 of 2) [CMA-5624/2019]

further submits that the amount deposited in the saving bank

account of the claimants has already been received by them. He

prays that the amount deposited in FDRs, may not be released in

favour of the claimants till disposal of the appeal.

Having heard the learned counsel for the appellant and

carefully perused the relevant material on record, the application

is allowed and the order dated 11.12.2020 passed by this Court is

modified and the direction given to the Insurance Co. to deposit

entire award amount with the Tribunal again within four weeks

stands deleted. However, it is made clear that the amount

deposited in FDRs shall not be released to the claimants till further

orders of this Court and the FDRs be renewed from time to time.

(PRAKASH GUPTA),J

DILIP KHANDELWAL /9

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