United India Insurance Company ... vs Santosh
2021 Latest Caselaw 15321 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 775/2021

United India Insurance Company Limited, through its Legally Constituted Authority, Divisional Office-74A, Bhati-N-Plaza, Pal Road, Jodhpur

----Appellant Versus

1. Smt. Santosh W/o Late Dharmpal,

2. Mst. Kanchan D/o Late Dharmpal (minor),

3. Mst. Kavita D/o Late Dharmpal (minor),

4. Vishwas S/o Kate Dharmpal, Minors are represented through their natural guardian mother Smt. Santosh.

5. Smt. Manohari W/o Sh.Maluram, All by caste Prajapat, R/o.Dhani Khichdan, P.s. Sadulsahar, District Sriganganagar Claimants.

6. Kuldeep Singh @ Sonu S/o Sh.Gurtej Singh, R/o.Kishanpura-Utrada, Tehsil Sangariya, District Hanumangarh (Driver)

7. M/s Agarwal Transport Company through its Manager, Near Bus Stand, Sadulsahar, District Sriganganagar (Registered Owner).

8. Mumtaj Ali S/o Sh.Munishkhan, R/o.Ward No. 16, Sadulsahar, District Sriganganagar (Supurdgar).

----Respondents

For Appellant(s) : Mr. Jagdish Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/10/2021

Issue notice, returnable on 10/11/2021.

(2 of 2) [CMA-775/2021]

Meanwhile and until further orders, effect and operation of

judgment and award dated 26/03/2021 passed by the learned

Motor Accident Claims Tribunal-Cum-Labour Court, Sriganganagar

in Motor Accident Claim Case No.32/2018 shall remain stayed qua

the appellant-company subject to the condition that the appellant-

company shall deposit the 50% of the amount awarded with an

interest as awarded by the Tribunal within a period of four weeks.

On depositing the same, the Tribunal shall disburse the

amount to the claimant/respondent in accordance with law. The

said amount shall include the amount already deposited by the

appellant-company as per the proviso of Section 173 and Section

140 of the Motor Vehicles Act.

Call for the record.

The Tribunal is directed to send the record after

disbursement of the amount in pursuance of this order.

(VINIT KUMAR MATHUR),J

21-SanjayS/-

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