Citation : 2021 Latest Caselaw 16806 Raj
Judgement Date : 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 552/2021
Shriram General Insurance Co. Ltd., 10003, E-8 EPIP, Ricco Industries Area, Sitapura, Jaipur-(Raj.) (Insurance Company of offending vehicle)
----Appellant Versus
1. Shri Prakash S/o Shri Keshu, b/c Banjara, aged about 22 years r/o Mahi Dam, Tehsil And District Banswara (Rajasthan)
2. Ram Singh S/o Shri Mahendra Singh, b/c Rajput, aged about 30 years, r/o Mahi Dam, Tehsil And Dis. Banswara (Raj.)
3. Shri Keshu S/o Shri Harji, b/c Banjara, r/o Borkheda, behind Sadar Bazar Hospital, Mahidam, Tehsil And District Banswara. (Raj.)
----Respondents
For Appellant(s) : Mr. Vishal Singhal For Respondent(s) : Mr. Parikshit Nayak
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
11/11/2021
Heard learned counsel for the appellant and learned counsel
for the respondent-claimant No.1.
Admit.
Issue notices to the respondents. Since, learned counsel Mr.
Parikshit Nayak, appeared on behalf of respondent No.1. Hence,
issue notices to the remaining respondents. Issue notices of stay
petition also. Rule is made returnable within a period of four
weeks.
(2 of 2) [CMA-552/2021]
In the meanwhile, execution and operation of the impugned
judgment and award dated 18.12.2020 passed by learned Judge,
Motor Accident Claims Tribunal, Banswara (Raj.) in MAC Case No.
662/2011 titled as "Prakash Vs. Ramsingh & Ors." shall remain
stayed qua the appellant subject to the condition that the
appellant-Insurance Company shall deposit 70% 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 claimant in the
terms of the award.
List the matter after six weeks.
(DEVENDRA KACHHAWAHA),J 21-/Akshay/-
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