Bajaj Allianz General Insurance ... vs Pyarelal Yadav S/O Kanhaiya Lal ...
2021 Latest Caselaw 6907 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1948/2020

Bajaj Allianz General Insurance Company Limited
                                                                ----Appellant
                                 Versus
Pyarelal Yadav S/o Kanhaiya Lal (Died)
                                                              ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 1947/2020 Bajaj Allianz General Insurance Company Limited

----Appellant Versus Ms. Madhavi D/o Late Shivdayal

----Respondent S.B. Civil Miscellaneous Appeal No. 1949/2020 Bajaj Allianz General Insurance Company Limited

----Appellant Versus Smt Lalita Yadav W/o Late Shivdayal

----Respondent S.B. Civil Miscellaneous Appeal No. 2397/2020 Smt. Lalita W/o Late Shivdayal

----Appellant Versus Roojdar S/o Dhundhak Mev

----Respondent S.B. Civil Miscellaneous Appeal No. 2547/2020 Ku. Madhavi D/o Late Shivdayal

----Appellant Versus Roojdar S/o Dhundhak Mev

----Respondent S.B. Civil Miscellaneous Appeal No. 2599/2020 Smt. Lalita Yadav W/o Late Shivdayal Yadav

----Appellant Versus Roojdar S/o Dhundhak Mev

----Respondent

(2 of 3) [CMA-1948/2020]

For Appellant(s) : Mr.Alok Garg, Adv. (Through VC) For Respondent(s) : Mr.Ram Sharan Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

25/11/2021

SBCMA No.1948/2020:-

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

filed by the claimant-wife for vacation of ex-parte stay order dated

30.07.2020 passed by this Court.

Learned counsel for the respondents-claimants

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

dated 30.07.2020 had stayed the operation of the impugned

judgment and award dated 13.03.2020 passed by the Motor

Accident Claims Tribunal, District Alwar.

Learned counsel for the claimants submitted that the

claimants include wife and daughter of the deceased and they

have lost the only bread earner of the family in the accident and

they are 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 of the impugned judgment and award dated 13.03.2020

and as such, there is no necessity to modify the interim order

dated 30.07.2020.

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 30.07.2020 and

directs the Tribunal to disburse 50% of the amount in the Savings

(3 of 3) [CMA-1948/2020]

Bank Account of the claimant-respondent No.4--Smt. Lalita (wife

of the deceased), after taking an undertaking that the amount so

paid to her will be subject to final outcome of the appeal and in

case, the appeal of the Appellant-Insurance Company is allowed,

the claimant 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.

The record, if any received, be sent back to the Tribunal

for disbursement of the said amount and after such disbursement

of the amount, the same be immediately returned back to this

Court immediately.

(ASHOK KUMAR GAUR), J

Himanshu Soni/T.N./63-68

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