Cholamandalam Ms General ... vs Basant Alias Basan W/O Aalam Kha
2021 Latest Caselaw 6304 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 5076/2019

Cholamandalam Ms General Insurance Company Limited, Having
Its Registered Head Office At Daryed House, Second Floor No. 2,
N.s.c. Boss Road, Chennai-600001 And Having Its Regional
Office At Second Floor, E-52, Chitranjan Marg, C-Scheme, Jaipur
Through Its Constituent Attorney
                                                                   ----Appellant
                                  Versus
1.    Basant Alias Basan W/o Aalam Kha, Aged About 29 Years,
2.    Arbaz S/o Aalam Kha, Aged About 9 Years,
3.    Arbina D/o Aalam Kha, Aged About 7 Years,
4.    Naved S/o Aalam Kha, Aged About 4 Years,
      Claimants/     Respondent           No.     2     To     4   Being   Minor

Represented Through Natural Guardian Mother Basant Alias Basan W/o Aalam Kha,

5. Asrafali S/o Deen Mohammad, Aged About 64 Years,

6. Halima Bano W/o Asraf Ali, Aged About 59 Years,

7. Sarfaraj S/o Asraf Ali, Aged About 21 Years,

8. Ruksar D/o Asraf Ali, Aged About 18 Years,

9. Sahbaz S/o Asraf Ali, Aged About 13 Years, Claimants/ Respondent No. 9 Being Minor Represented Through Natural Guardian Father Asraf Ali S/o Deen Mohammad

10. Deen Mohammad S/o Jhuma, Aged About 84 Years,

11. Haseena W/o Deen Mohammad, aged about 79 years, All R/o Ward No. 1,thod Kla Firojpur, Tehsil Firojpur Jhirka, District Nuhu Mewat (Haryana)

12. Shahun Kha S/o Islam Kha, R/o Nangodi, P.S. Tijara, District Alwar (Raj) (Presently Driver Vehicle Canter No. RJ-14-GF-2506)

13. Rahis Khan S/o Kharati Kha, R/o Ward No. 25, Luharo Ka Mohalla, Shahpura, District Jaipur (Raj) (Presently Owner Vehicle Canter No. RJ-14-GF-2506)

----Respondents

(2 of 3) [CMA-5076/2019]

For Appellant(s) : Mr.Chanderdeep Singh Jodha, Adv. For Respondent(s) : Mr.Ram Sharan Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

09/11/2021

The matter comes up on an application filed by the claimants

for vacation of ex-parte stay order dated 05.03.2020 passed by

this Court.

Learned counsel for the respondents-claimants submitted

that this Court, while passing the ex-parte interim order dated

05.03.2020, had stayed the operation/execution of the impugned

judgment and award dated 02.05.2019 passed by the Motor

Accident Claims Tribunal, Shahpura, District Jaipur, Rajasthan on

the condition that appellant was to deposit the entire award

amount within one month with the Tribunal.

Learned counsel for the claimants submitted that the

claimants include parents, wife, and children of the deceased and

as such, they have lost their only bread earner in the accident and

family of the deceased is in dire need of money.

Learned counsel appearing on behalf of the appellant-

Insurance Company submitted that this Court after considering

the prima-facie case in favour of the appellant, stayed the

operation/execution of the impugned judgment and award dated

02.05.2019 and as such, there is no necessity to modify/vacate

the ex-parte interim order.

I have heard learned counsel for the parties.

This Court, after considering the facts of the case, deems it

proper to modify the interim order dated 05.03.2020 and directs

(3 of 3) [CMA-5076/2019]

the Tribunal to disburse 25% of the amount in the Savings Bank

Account of the claimant-respondent No.1--wife and 25% of the

amount in the Savings Bank Account of the respondent Nos.5 & 6-

parents of the deceased, after taking an undertaking that the

amount so paid to them will be subject to final outcome of the

appeal and in case, the appeal of the Appellant-Insurance

Company is allowed, the claimants would be required to refund

the money back.

The rest 50% of the award amount will be kept in FDR for a

period of one year and will be renewed from time to time.

Accordingly, the application stands disposed of.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86/Monika

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