United India Insurance Company ... vs Smt. Khamosh Meena W/O Late Shri ...
2021 Latest Caselaw 5509 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1260/2019

United India Insurance Company Limited, Through Regional
Manager    R/o    Shopping        Center       Ambabari,         Jaipur      Through
Manager, Tp Hub Saffire Chamber No. Rj02Sg-4942 Valid Upto
22.10.2009           To             21.10.2010                   Policy          No.
140400/31/09/01/00012052
                                                                     ----Appellant
                                    Versus
1.    Smt. Khamosh Meena W/o Late Shri Rajkumar Meena,
      Aged About 33 Years, R/o Bagawas Chorasi, Tehsil
      Viratnagar, District Jaipur, Rajasthan.
2.    Kumari Akshita D/o Late Shri Rajkumar Meena, Aged
      About 8 Years, Minor Through Natural Guardian Mother
      Smt. Kamosh Meena W/o Late Shri Rajkumar Meena, R/o
      Bagawas       Chorasi,       Tehsil      Viratnagar,        District    Jaipur,
      Rajasthan.
3.    Prem Devi W/o Shri Leelaram Meena, Aged About 53
      Years, R/o Bagawas Chorasi, Tehsil Viratnagar, District
      Jaipur, Rajasthan.
4.    Kavita Meena W/o Suresh Chand Meena, R/o Shahjanpur
      Tehsil Behror, District Alwar, Rajasthan (Registered Owner
      Vehicle Motorcycle No. Rj02Sg-4942)
5.    Ramkishan Meena S/o Bhartaram Meena, R/o Bagawas
      Tehsil     Viratnagar,      District      Jaipur,      Rajasthan.       (Driver
      Vehicle Motorcycle No. Rj02Sg-4942)
                                                                 ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 3252/2019

1. Smt. Khamosh Meena W/o Late Shri Rajkumar Meena, Aged About 33 Years, R/o Bagawas Chorasi, Tehsil Viratnagar, District Jaipur, Rajasthan.

2. Kumari Akshita D/o Late Shri Rajkumar Meena, Aged About 9 Years, Appellant No. 2 Is Minor Through Its Mother Smt. Kamosh Meena W/o Late Shri Rajkumar Meena, , R/o Bagawas Chorasi, Tehsil Viratnagar, District Jaipur, Rajasthan.

3. Prem Devi W/o Shri Leelaram Meena, Aged About 53

(2 of 3) [CMA-1260/2019]

Years, , R/o Bagawas Chorasi, Tehsil Viratnagar, District Jaipur, Rajasthan.

----Appellants Versus

1. Kavita Meena W/o Suresh Chand Meena, R/o Shahjanpur Tehsil Behror, District Alwar, Rajasthan (Registered Owner Vehicle Motorcycle No. Rj-02-Sg-4942)

2. Ramkishan Meena S/o Bhartaram Meena, R/o Bagawas Tehsil Viratnagar, District Jaipur, Rajasthan. (Driver Vehicle Motorcycle No. Rj02Sg-4942)

3. United India Insurance Company Limited, Through Regional Manager O/o Shopping Center Ambabari, Jaipur Beema Co. Rj-02-Sg-4942 Valid Upto 22.10.2009 To 21.10.2010 Policy No. 140400/31/09/01/00012052

----Respondents

For Appellant(s) : Mr.Amarnath Pareek, Adv. For Respondent(s) : Mr.Ram Sharan Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

01/10/2021

SBCMA No.1260/2019:-

The matter comes up on an application filed by the

claimants for modification of ex-parte stay order dated

13.03.2019.

Learned counsel for the respondents-claimants

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

dated 13.03.2019, had stayed the operation/execution of the

impugned judgment and award dated 14.12.2018 on the condition

that appellant was to deposit the entire award amount within one

month with the Tribunal.

(3 of 3) [CMA-1260/2019]

Learned counsel for the claimants submitted that the

claimants include wife, daughter and mother of the deceased and

as such, they have lost their only bread earner in the accident and

as such, family of the deceased is 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, has stayed the

operation/execution of the judgment and award dated 14.12.2018

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

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 13.03.2019 and

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

Bank Account of the claimant-respondent No.3, after taking an

undertaking that the amount so paid 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 of the Tribunal be sent back to the Tribunal

for facilitating disbursement of the amount and be returned back

to this Court immediately thereafter.

(ASHOK KUMAR GAUR), J

Himanshu Soni/Parul/54-55

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