Shriram General Insurance ... vs Madhubala
2021 Latest Caselaw 16642 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 677/2020

Shriram General Insurance Company Ltd., Having Its Corporate Office At E-8, Epip, Riico, Sitapura, Jaipur Through Its Authorized Representative.

----Appellant Versus

1. Madhubala W/o Late Naveen Sen, B/c Sen, R/o Village Bedwa-Partapur, Tehsil Gadhi, District Banswara.

2. Manthan S/o Late Naveen Sen, Minor Through His Natural Guardian Mother Smt. Madhubala. B/c Sen, R/o Village Bedwa-Partapur, Tehsil Gadhi, District Banswara.

3. Smt. Chandra Prabha W/o Late Dinesh Chandra Sen, B/c Sen, R/o Village Bedwa-Partapur, Tehsil Gadhi, District Banswara.

4. Mst. Shraddha D/o Late Dinesh Chandra Sen, B/c Sen, R/o Village Bedwa-Partapur, Tehsil Gadhi, District Banswara.

5. Chirag S/o Late Dinesh Chandra Sen, B/c Sen, R/o Village Bedwa-Partapur, Tehsil Gadhi, District Banswara.

6. Dhulji Joshi S/o Ragunathji, B/c Brahmin, R/o Holi Chowk, Brahmanwara Kupra, Tehsil And District Banswara (Owner Cum Driver)

----Respondents

For Appellant(s) : Mr. Jagdish Chandra Vyas

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

09/11/2021

Heard learned counsel appearing on behalf of the appellant.

Having regard to the facts and circumstances of the case and

ground mentioned in memo of appeal.

Admit.

(2 of 2) [CMA-677/2020]

Issue notice to the respondents. Issue notice of stay petition

also. Rule is made returnable within a period of four weeks.

In the meanwhile, execution and operation of the impugned

judgment and award dated 16.10.2019 passed by learned Judge,

Motor Accident Claims Tribunal-cum-Family Court, Banswara in

MAC Case No. 139/17 (276/14) titled as "Smt. Madhubala & Ors.

Vs. Sh. Dhulji Joshi & Anr." shall remain stayed qua the appellant

subject to the condition that the appellant-Insurance Company

shall deposit Rs. 35 Lacs of the award alongwith 6 % interest,

after taking into consideration any other deposit made by the

appellant-Insurance Company, within a period of four weeks.

The amount so deposited be disbursed to the claimants in

the terms of the award.

List the matter after six weeks.

(DEVENDRA KACHHAWAHA),J 27-/Akshay/-

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