Shriram General Insurance ... vs Smt. Kamlesh Devi W/O Late ...
2021 Latest Caselaw 6910 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1031/2019

Shriram General Insurance Company Ltd., Having Its Registered
Office At E-8, EPIP, RIICO Industrial Area, Sitapura Jaipur
302022 through its Constituent Attorney.
                                                                   ----Appellant
                                   Versus
1.     Smt. Kamlesh Devi W/o Late Bannaram Alias Bannalal,
       Aged About 45 Years,
2.     Kumari Rachna D/o Late Bannaram Alias Bannalal, Aged
       About 22 Years,
3.     Kumari Suman D/o Late Bannaram Alias Bannalal, Aged
       About 15 Years,
4.     Nekiram S/o Late Bannaram Alias Bannalal, Aged About
       11 Years,
       Claimant/respondent No.3 and 4 being minor represented

through natural guardian mother Smt. Kamlesh Devi W/o Late Bannaram Alias Bannalal, All R/o Village Gadbhopji, P.S. Thoi, District Sikar (Raj.)

5. Durga Parsad Saini S/o Surajmal, R/o Dhanni Bharan Ki Village Thoi, Tehsil Shrimadhopur, District- Sikar, (Raj.) (Driver And Owner Of The Vehicle).

----Respondents

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

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

25/11/2021

The matter comes up on misc. application No.1/2019 filed by

the claimant(s) for vacation of stay order dated 08.03.2019

passed by this Court.

Learned counsel for the respondents-claimants submitted

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

(2 of 2) [CMA-1031/2019]

08.03.2019 had stayed the operation/execution of the impugned

judgment and award dated 17.12.2018 passed by the Motor

Accident Claims Tribunal, Neem Ka Thana, District Sikar.

Learned counsel for the claimants submitted that the

claimants are wife, daughters and son of the deceased and they

have lost their only bread earner 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/execution of the impugned judgment and award dated

17.12.2018 and as such, there is no necessity to modify the

interim order dated 08.03.2019.

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 08.03.2019 and directs

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

Account of the claimant-respondent No.1--Smt. Kamlesh Devi 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.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86

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