Reliance General Insurance ... vs Smt. Naurti Devi W/O Late ...
2021 Latest Caselaw 5511 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 4341/2018

Reliance General Insurance Company Ltd., Amar Plaza Complex
Second Floor Amar Plaza Near Private Bus Stand J.l.n. Hospital
Marg Ajmer Having Its Regional Office At Sixth Floor Maan
Upasana Tower Sardar Patel Marg C-Scheme Jaipur Through Its
Constituent Attorney
                                                                   ----Appellant
                                   Versus
1.     Smt. Naurti Devi W/o Late Bhanwarlal, Aged About 27
       Years, R/o Village Sardada Chandali Tehsil Devli District
       Tonk.
2.     Ramdhan S/o Shyoram Jat Benathsingh Jat, R/o Village
       Devli Tehsil Devli District Tonk
3.     Ramkishan S/o Shyoram, R/o Village Badla Post Maleda
       Tehsil Devli District Tonk
                                                                ----Respondents

For Appellant(s) : Mr.Santosh Kumar Soni, Adv. for Mr.Virendra Agarwal, Adv.

For Respondent(s) : Mr.Bhanu Prakash Verma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

01/10/2021

The matter comes up on an application filed by the

claimant for vacation of stay order dated 24.09.2018.

Learned counsel for the respondents claimants

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

dated 24.09.2018, had stayed the operation/execution of the

impugned judgment and award dated 06.07.2018 on the condition

that appellant was to deposit the entire award amount within one

month with the Tribunal.

(2 of 2) [CMA-4341/2018]

Learned counsel submitted that the claimants include

wife of the deceased, who has lost sole bread earner and as such,

the claimant is in dire need of money for their survival.

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 06.07.2018

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

dated 24.09.2018.

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 24.09.2018 and

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

Bank Account of the claimant, 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/49

Powered by TCPDF (www.tcpdf.org)