Reliance General Insurance ... vs Harkesh S/O Shri Hemraj Alias ...
2021 Latest Caselaw 5588 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Civil Miscellaneous Appeal No. 1582/2021
Reliance   General     Insurance         Company          Limited,     Having   Its
Registered Office At 19, Reliance Center, Walchand Hirachand
Marg, Ballard Estate, Mumbai And Having Its Regional Office At
C-Scheme, Man Upasana Tower, 6Th Floor, Sardar Patel Marg,
Opposite To Hsbc Bank, Jaipur-30201, Through Its Legal Officer.
                                                                     ----Appellant
                                    Versus
1.     Harkesh S/o Shri Hemraj Alias Hemaram, Aged About 32
       Years, P.s. Sadar, Jhunjhunu, Tehsil Malsisar, District
       Jhunjhunu, (Raj.)
2.     Sevaram Alias Shalendra S/o Mohan Lal, Aged About 26
       Years, R/o Kakara, P.s. Dataramgarh, District - Sikar ,
       (Raj.) (Driver Vehicle Bolero Camper No. Rj-18-Ga-6117)
3.     Rajendra Singh S/o Gurudayal Singh, R/o Dorasar, Tehsil
       And District - Jhunjhunu, (Raj.) (Registered Owner
       Vehicle Bolero Camper No. Rj-18-Ga-6117)
4.     Arjun Choudhary S/o Nanuram, R/o Dataram, District
       Sikar, (Raj.) (Power Of Attorney Holder Vehicle Bolero
       Camper No. Rj-18-Ga-6117)                                 ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1289/2021 Harkesh S/o Shri Hemraj Alias Hemaram, Aged About 32 Years, R/o Hansasar, Police Station Sadar Jhunjhunu, Tehsil Malsisar, District Jhunjhunu (Raj.) ----Appellant Versus

1. Sevaram @ Shailendra S/o Mohanlal, Aged About 26 Years, R/o Kankra, Police Station Dataramgarh, District Sikar (Raj.) (Driver Of Bolero Camper No. Rj-18-Ga- 6117)

2. Rajendra Singh S/o Gurudayal Singh, R/o Dorasar, Tehsil And District Jhunjhunu (Raj) (Registered Owner Of Bolero Camper No. Rj-18-Ga-6117)

3. Reliance General Insurance Company Limited, Registered Office 19, Reliance Centre, Balchand Heerachand Marg, Balard East Mumbai-400001 Through Branch Manager (Insurance Compahy Of Bolero Camper No. Rj-18-Ga-

                                                                                  (2 of 2)                   [CMA-1582/2021]


                                             6117)

4. Arjun Chaudhary S/o Nanuram, R/o Dataram, District Sikar (Raj. ) (M.a.c.t Case No. 147/15/36/15/49/15 And 35/15) (Power Of Attorney Holder Of Bolero Camper No. Rj-18-Ga-6117) ----Respondents

For Appellant(s) : Mr.Chanderdeep Singh Jodha, Adv. For Respondent(s) : Mr.Santosh Kumar Soni, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

05/10/2021

S.B. Civil Miscellaneous Appeal No. 1582/2021:-

Issue notice of the appeal as well as stay application to the

respondent Nos.2 to 4, returnable within five weeks.

In the meanwhile, the effect and operation of the judgment

dated 19th March, 2021, passed by the Motor Accident Claims

Tribunal, Jhunjhunu (Raj.), shall remain stayed on the condition of

depositing the entire award amount within a period of five weeks.

On depositing the award amount, the claimants would be

entitled for disbursement of 50% of the amount in their Savings

Bank Account 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

claimants would be required to refund the money back.

The rest 50% of the award amount, to be deposited by the

appellant-Insurance Company, will be kept in FDR for a period of

one year and will be renewed from time to time.

(ASHOK KUMAR GAUR),J

Parul Sharma/Preeti Asopa/5-6

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