Satyendra Singh S/O Mahendra ... vs Anjum Bano W/O Late Nijamuddin @ ...
2022 Latest Caselaw 2913 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 562/2019

Satyendra Singh S/o Mahendra Singh
                                                                   ----Appellant
                                   Versus
Anjum Bano W/o Late Nijamuddin @ Nijam & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Amit Jindal For Respondent(s) : Mr. Rajeev Bhushan Bansal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

Appellant-owner has filed this appeal assailing the findings of

the judgment and award dated 29.11.2018 passed by Motor

Accident Claims Tribunal, Dholpur, in Motor Accident Claim

No.218/2015 whereby and whereunder while awarding the

compensation of Rs. 14,62,000/- in favour of claimants, the

liability has been fasten upon appellant.

Learned counsel for appellant submits that as per the

impugned judgment and award dated 29.11.2018, the insurance

company has paid the entire amount of compensation to claimants

and now has proceeded to recover the same from appellant. In

the execution proceedings warrants for attachment has been

issued.

Notices were issued to respondents.

Learned counsel for respondent-Insurance Company has put

in appearance.

Insurance Company has not disputed about initiation of

execution proceedings against appellant, however, submits that

(2 of 2) [CMA-562/2019]

the liability to pay compensation has rightly been fasten upon

appellant.

Having heard counsel for both the parties, this Court finds

that the matter requires consideration.

Record has already been received.

This appeal is admitted.

Issue notice to respondents-claimants.

On request of counsel for appellant, notices be issued by

ordinary as well as registered post.

Heard on stay application.

Having considered the facts and circumstances of this case,

recovery proceedings against the appellant-owner at the instance

of respondent-Insurance Company shall remain stayed during

course of this appeal.

The stay application stand disposed of.

(SUDESH BANSAL), J

SAURABH/53

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