The Oriental Insurance Company ... vs Sartaj Bano W/O Late Shri Mahamood ...
2022 Latest Caselaw 3215 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Civil Miscellaneous Appeal No. 1899/2020

The Oriental Insurance Company Ltd.
                                                                         ----Appellant
                                    Versus
Sartaj Bano W/o Late Shri Mahamood Hasan Khan & Ors.
                                                                      ----Respondents

For Appellant(s) : Mr. Pratap Singh Arya For Respondent(s) : Ms. Sudesh Kasana

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/04/2022

Appellant-Insurance Company has filed this appeal, assailing

judgment and award dated 11.12.2019 passed by MACT,

Jhunjhunu in claim case No.172/2016 whereby a compensation of

Rs.57,71,600/- along with interest @7% per annum has been

awarded in favour of claimants.

Heard.

Appeal is admitted.

Since counsel has put in appearance on behalf of

respondent-claimants Nos.1 to 5, notices be only issued to

respondent Nos.6 and 7.

Heard counsel for both parties on stay application.

This Court, vide order dated 15.12.2020, staying the

execution of award dated 11.12.2019 on deposition of

compensation amount by Insurance Company. If, Insurance

Company has not deposited the amount as yet, further 30 days

time is granted to the Insurance Company to deposit the entire

amount of compensation along with interest before the Tribunal.

(2 of 2) [CMA-1899/2020]

Out of total compensation amount so deposited, 50% amount

may be disbursed to claimants through their saving Bank account and

remaining 50% shall remain deposited in FDRs initially for a period

three years subject to renewal from time to time.

In case appellant-Insurance Company fails to deposit the amount

within the aforesaid period, the respondents-claimants would be free to

proceed for execution of the award.

With aforesaid observations, the stay application as well as

application for vacation of stay stand disposed of.

Record of the Tribunal be sent back in order to complete the

proceedings of disbursement and after completing the same record be

returned to this Court.

(SUDESH BANSAL),J

NITIN /131

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