Mansingh S/O Mishrilal vs Asha Devi W/O Brahamlal
2022 Latest Caselaw 3150 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 1253/2020

Mansingh S/o Mishrilal
                                                                   ----Appellant
                                    Versus
Asha Devi W/o Brahamlal
                                                                 ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 133/2020 Asha Devi W/o Brahamlal

----Appellant Versus Mansingh S/o Mishrilal

----Respondent

For Appellant(s) : Mr. Ram Singh Rathore Mr. Praveen Kumar Jain For Respondent(s) : Mr. Rajkumar Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL Order

19/04/2022 An application No.1/2020 filed by appellants under Order 41 Rule

27 CPC shall be considered at the time of hearing of the appeal subject

to admissibility and relevancy of the documents.

Accordingly, the application No.1/2020 stands disposed of.

Both these appeals have been filed assailing the judgment and

award dated 30.11.2019 passed by Motor Accident Claims Tribunal,

Tonk in Claim Case No.357/2017 (CIS No.357/2017) whereby and

whereunder, compensation to the tune of Rs.49,68,800/- with interest

at the rate of 7.5% per annum with effect from 15.07.2017 has been

awarded in favour of claimants.

The appeal has been filed by the owner and driver of vehicle in

question (Tractor No.RJ-26-RA-7177) as the Insurance Company was

exonerated from the liability to pay the compensation.

(2 of 2) [CMA-1253/2020]

Learned counsel for appellants-non-claimants (owner and driver)

submit that the Tribunal has committed illegality in exonerating the

Insurance Company from the liability to pay the compensation ought to

have been fasten on the Insurance Company.

Claimants have filed the appeal No.133/2020 for enhancement of

compensation.

Having heard learned counsel for both parties.

Both appeals are admitted for hearing.

Issue notice.

Since respondent-claimants have put in appearance, no need to

issue notices.

Notice be issued only to Insurance Company.

Learned counsel may supply copy of memo of appeal to the

counsel for claimants,

In case, appellants (Owner and Driver) in appeal No.1253/2020

deposit a lump-sum amount of Rs.20,00,000/- within a period of six

weeks before the Tribunal, the execution of the impugned award shall

remain stayed. On deposition of said amount and the same may be

disbursed to the claimants through their saving bank account.

It is made clear that in case appellants shall not deposit the

amount as mentioned hereinabove, claimants would be free to proceed

with the execution of the award.

The Tribunal may complete the exercise of deposition and

disbursement of compensation as mentioned above and thereafter send

the record to this Court.

(SUDESH BANSAL),J

SACHIN/7-8

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