Cholamandalam Ms General ... vs Poonma Ram
2021 Latest Caselaw 15378 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 533/2021

Cholamandalam Ms General Insurance Co. Ltd., Jodhpur Office At K.p. Tower, Chopasni Road, Jodhpur Through Its Authorized Representative.

----Appellant Versus

1. Poonma Ram S/o Nathu Ram, By Caste Jat, R/o Village Nagana, Khatiyon Ki Dhani, Mudhon Ki Dhani, Bandra, Tehsil And District Barmer.

2. Smt. Muli Devi W/o Poonma Ram, By Caste Jat, R/o Village Nagana, Khatiyon Ki Dhani, Mudhon Ki Dhani, Bandra, Tehsil And District Barmer.

3. Mst. Geeta D/o Poonma Ram, Minor Is Represented Through Her Natural Guardian Father Sh. Poonma Ram. By Caste Jat, R/o Village Nagana, Khatiyon Ki Dhani, Mudhon Ki Dhani, Bandra, Tehsil And District Barmer.

4. Mst. Chandu D/o Poonma Ram, Minor Is Represented Through Her Natural Guardian Father Sh. Poonma Ram. By Caste Jat, R/o Village Nagana, Khatiyon Ki Dhani, Mudhon Ki Dhani, Bandra, Tehsil And District Barmer.

5. Mst. Meena D/o Poonma Ram, Minor Is Represented Through Her Natural Guardian Father Sh. Poonma Ram. By Caste Jat, R/o Village Nagana, Khatiyon Ki Dhani, Mudhon Ki Dhani, Bandra, Tehsil And District Barmer.

6. Sukhdev Singh S/o Karan Singh, 19, Laxmi Nagar G.i.d.c., Fidder-5 Naroda, Ahmedabad Gujrat (Driver).

7. Virendra Bhai S/o Sh. Rameshwar Tripathi, B-8, Mahadev Nagar, Raw House, Narole, Ahmedabad, Gujrat. (Owner).

                                                               ----Respondents


For Appellant(s)        :     Mr. Jagdish Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/10/2021

(2 of 2) [CMA-533/2021]

Issue notice. Issue notice of the stay application also. Rule

is made returnable on 11.11.2021.

Meanwhile and until further orders, effect and operation of

judgment and award dated 24.02.2021 passed by the learned

Motor Accident Claims Tribunal, Barmer shall remain stayed

subject to the condition that the appellant-company shall deposit

the 50% of the amount with interest as awarded by the Tribunal

within a period of four weeks. On depositing the same, the

Tribunal shall disburse the amount to the claimants in accordance

with law. The said amount shall be inclusive of the amount already

deposited by the appellant-company as per the proviso of Section

173 and Section 140 of the Motor Vehicles Act.

(VINIT KUMAR MATHUR),J

5-praveen/-

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