Tata Aig General Insurance Co Ltd vs Mamta Choudhary W/O Late Harish ...
2022 Latest Caselaw 2935 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 3212/2018

Tata Aig General Insurance Co Ltd
                                                                    ----Appellant
                                    Versus
Mamta Choudhary W/o Late Harish Choudhary & Ors.
                                                                 ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 3427/2018 Mamta Choudhary W/o Late Shri Harish Choudhary & Anr

----Appellants Versus Deepak Choudhary S/o Shri Gajendra Choudhary, & Ors.

----Respondents

For Appellant(s) : Mr. Rajdeep Rathore for Mr. Ashdeep Singh For Respondent(s) : Mr. Akshat Chaudhary

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/04/2022

Both these appeals have been filed against the judgment and

award dated 11.04.2018 passed by Motor Accident Claims Tribunal (ADJ

No.3), Beawar (Ajmer), in Motor Accident Claim Petition No.111/2016

(old No.140/2014) whereby compensation of Rs.63,84,840/- has been

awarded in favour of claimants.

It has been alleged that the Insurance Company has deposited

the entire amount of compensation pursuant to the order dated

26.07.2018 passed by this Court in Appeal No. 3212/2018.

Heard learned counsel for both parties.

Appeals are admitted for hearing.

Since respective counsel for both parties has put in appearance,

no need to issue notices.

(2 of 2) [CMA-3212/2018]

Respondents-Claimants have also filed an application under Order

41 Rule 27 CPC to place on record certified copy of award dated

10.07.2021. Learned counsel for claimants submits that in the award

dated 10.07.2021, the Insurance Company has entered into a

settlement with other claimants, in relation to the same accident and on

settlement before the National Lok Adalat, the award was passed.

Looking to the relevancy of the award dated 10.07.2021, which is

a certified copy, the same is taken on record.

Accordingly, the application under Order 41 Rule 27 CPC stands

allowed.

Having considered the facts and circumstances of the present

case, out of the compensation amount so deposited by the Insurance

Company before the tribunal, 50% be disbursed to claimants through

their saving bank accounts, subject to furnishing a written undertaking

by respondent-claimants that in case the Insurance Company succeeds

in its appeal, they will restitute the amount of compensation received by

them. Remaining 50% shall remain deposited in FDR before nationalized

bank for a period of three years subject to renewal from time to time.

Accordingly, the stay application stands disposed of.

Record of the tribunal be returned, in order to complete

proceedings of disbursement, with a direction that thereafter the record

shall be returned to this Court.

(SUDESH BANSAL),J

Sachin/64-65

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