Assistant Engineer Jaipur Vidyut ... vs Kartik Vishvas S/O Shashikant ...
2022 Latest Caselaw 3085 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 186/2022

Assistant Engineer Jaipur Vidyut Vitran Nigam Limited & Anr.
                                                                  ----Appellants
                                   Versus
Kartik Vishvas S/o Shashikant Alias Shashicharan & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Akhalesh Kumar Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/04/2022

Appellant-Jaipur Vidyut Vitran Nigam Limited has filed this

first appeal assailing the judgment and award dated 09.12.2021

passed by Additional District Judge Court No.1, Baran (Raj.) in

civil suit no.18/2017 whereby and whereunder a compensation

amount of Rs.9,08,188/- has been passed in favour of claimants

under the Fatal Accident Act, 1955. The trial court has fasten

liability to pay compensation on the defendants No.1 to 4 jointly

and severally. However, the appellant-JVVNL has filed this appeal.

Having heard counsel for appellant, the matter requires

consideration.

Admit.

Issue notice to all respondents for hearing of appeal.

In the meanwhile, in case appellant-JVVNL deposits entire

amount of compensation with interest within a period of four

weeks, the execution of award against appellants shall remain

stayed. In case appellants fail to deposit the amount within the

aforesaid period, respondents may proceed for execution.

(2 of 2) [CFA-186/2022]

If, compensation amount is deposited, 50% amount be

disbursed to claimants, through saving bank account furnished by

claimants. Remaining 50% amount shall remain deposited in

separate FDR, in a nationalised banks initially for a period of three

years, subject to renewal from time to time.

The trial court may first complete the exercise of deposition

and disbursement of compensation, as mentioned above,

thereafter shall send the record to this Court.

As the trial court has fasten the liability to pay the

compensation on defendant Nos.1 to 4 jointly and severally, it is

open for appellants (defendant Nos.1 & 2) to initiate proceedings

against defendant Nos.3 & 4 for recovery of compensation amount

of their share.

(SUDESH BANSAL),J

SAURABH/12

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