Moti Lal S/O Sukpal vs Mahesh Chand Meena S/O Shri ...
2021 Latest Caselaw 6407 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1974/2020

Moti Lal S/o Sukpal
                                                                        ----Appellant
                                    Versus
Mahesh Chand Meena S/o Shri Ramswaroop
                                                                    ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 5369/2019 Royal Sundaram Alliance Insurance Company Ltd.

----Appellant Versus Motilal S/o Sukpal

----Respondent

For Appellant(s) : Mr.Chanderdeep Singh Jodha, Adv.

Mr.Rajeev Bansal, Adv. & Mr.Rajeev Sharma, Adv.

For Respondent(s) : Mr.Umashanker Pandey, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

11/11/2021

The matter comes up on misc. application No.1/2021 filed by

the claimants for vacation of ex-parte stay order dated

12.12.2019 passed by this Court.

Learned counsel for the respondents-claimants submitted

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

12.12.2019 had stayed the operation/execution of the impugned

judgment and award dated 12.09.2019 passed by the Motor

Accident Claims Tribunal, Dausa.

Learned counsel for the claimants submitted that the

claimants are parents of the deceased and they have lost their

(2 of 2) [CMA-1974/2020]

only bread earner in the accident and family of the deceased is in

dire need of money.

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 12.12.2019 and directs

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

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

amount in the Savings Bank Account of the respondent No.2-

Mother 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

Monika/Himanshu

64-65

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