Chalamandalam Ms General ... vs Smt. Goranti W/O Late Nahar Singh ...
2021 Latest Caselaw 5510 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No.5832/2018

Chalamandalam Ms General Insurance Company Limited, Having
Its Registered Office At Second Floor Dare House Netaji Subhash
Chandra Road Chennai And Having Its Regional Office At Second
Floor E-52 Chitranjan Marg C-Scheme Jaipur Through Its
Constituent Attorney

                                                                     ----Appellant
                                    Versus

1.     Smt. Goranti W/o Late Nahar Singh Alias Kalla, Aged
       About 35 Years, R/o Village Baad Ramsar Tehsil Gangapur
       City District Sawaimadhopur (Raj)

2.     Manjeet, Aged About 14 Years, R/o Village Baad Ramsar
       Tehsil Gangapur City District Sawaimadhopur (Raj)

3.     Lavneet S/o Late Shri Nahar Singh Alias Kalla, Aged
       About 12 Years, Claimants/respondents No. 2 And 3

Being Minor Represented Through Natural Guardian Mother Smt. Goranti R/o Village Baad Ramsar Tehsil Gangapur City District Sawaimadhopur (Raj)

4. Nagarlal S/o Ramchandra, R/o Village Dinvanchali Tehsil Lalsot District Dausa (Vehicle Driver)

5. Bhorilal S/o Nanagram, R/o Taaleda Jamat Lalsot Tehsil Lalsot District Dausa (Vehicle Owner)

----Respondents

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

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

01/10/2021

The matter comes up on an application filed by the

claimants for vacation of stay order dated 23.01.2019.

                                         (2 of 3)                 [CMA-5832/2018]



          Learned      counsel         for     the       respondents-claimants

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

dated 23.01.2019, had stayed the operation/execution of the

impugned judgment and award dated 28.08.2018 on the condition

that appellant was to deposit the entire award amount within one

month with the Tribunal.

Learned counsel for the claimants submitted that the

claimants include children and wife 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 28.08.2018

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 23.01.2019 and

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

Bank Account of the claimant-respondent No.1--wife of the

deceased, 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.

(3 of 3) [CMA-5832/2018]

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/52

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