Jagdish Swami vs Bidami
2021 Latest Caselaw 17764 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Civil Misc. Appeal No. 843/2021

1. Jagdish Swami S/o Satyanarayan, by caste Swami, aged about 43 years, R/o Saatyu, Tehsil Taranagar, District Churu, Rajasthan.

2. Prabhu Singh S/o Laxman Singh, by caste Rajput, aged about 40 years, R/o Saatyu, Tehsil Taranagar, District Churu, Rajasthan.

----Appellants Versus

1. Bidami W/o Mohanram, by caste Jat, aged about 46 years, R/o Binasar, District Churu, Rajasthan.

2. Mohanram S/o Arjunram, by caste Jat, aged about 46 years, R/o Binasar, District Churu, Rajasthan

3. Kaluram S/o Mohanram, by caste Jat, aged about 26 years, R/o Binasar, Distruct Churu, Rajasthan

4. Chaavli D/o Mohanram, by caste Jat, aged about 24 years, R/o Binasar, District Churu, Rajasthan

5. TATA AIG General Insurance Company Ltd., First Floor, Lotus Tower, Community Centre, Friends Colony, New Delhi

----Respondents

For Appellant(s) : Mr. Pradeep Singh Khinchi. For Respondent(s) : Mr. Devi Lal Mothsra (Respondents No. 1 & 2)

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

25/11/2021

Heard learned counsel appearing on behalf of the appellants

as well as learned counsel Mr. Devi Lal Mothsra appearing on

behalf of the respondents No. 1 & 2 (claimants).

                                                                               (2 of 2)                   [CMA-843/2021]



                                           Admit. Issue notice.        Issue notice of the stay application

                                   also.

In the meantime, effect, operation and execution of the

impugned judgment and award dated 25.02.2021 passed by the

Judge, Motor Accident Claims Tribunal, Churu in M.A.C. Case No.

22/2017 (77/2015) titled as "Bidami Devi & Ors. Vs. TATA AIG

GIC Ltc. & Ors." shall remain stayed subject to the condition that

the appellants shall deposit 60% of the award amount along with

interest @ 6% per annum before the Tribunal concerned within a

period of four weeks, after taking into account the amount already

deposited by the appellants.

It is further directed that upon deposition of the amount, as

aforesaid, the Tribunal shall disburse the amount amongst the

claimants-respondents No., as per the terms of the award.

Since, learned counsel Mr. Devi Lal Mothsra puts in

appearance on behalf of the respondents No.1 & 2 (claimants) and

undertakes to file power on behalf of the respodents No. 3 & 4

(claimants), therefore, let the notices be issued to the respondent

No.2 only. Rule is made returnable within a period of four weeks.

List the matter after six weeks.

(DEVENDRA KACHHAWAHA),J S/153-Mohan/-

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