The Rajasthan State Road ... vs Vaijantimala
2022 Latest Caselaw 14830 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2236/2022

The Rajasthan State Road Transport Corporation, Through Chief Manager Banswara. (Owner Of Bus)

----Appellant Versus

1. Vaijantimala W/o Late Suryapraksh Paliwal, R/o Heerabag Colony, District Banswara (Raj.)

2. Darpan Paliwal S/o Late Suryaprakash Paliwal, R/o Heerabag Colony, District Banswara (Raj.)

3. Smt. Sunita Paliwal D/o Late Suryaprakash Paliwal, W/o Deepak Paliwal, R/o Suthaliya, Thesil Byawara, District Rajgarh. (Mp)

4. Smt. Punam Gupta D/o Late Suryaprakash Paliwal, W/o Vikas Gupta, R/o Talwandi District Kota (Raj.)

5. Shairjawan Khan Pathan S/o Jamal Khan, R/o Madar Colony, District Banswara. (Raj.) (Driver Of Bus)

----Respondents

For Appellant(s) : Mr. Dinesh Kumar Joshi. For Respondent(s) : Mr. Narendra Thanvi.

Mr. Mahendra Thanvi.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/12/2022

At the request of learned counsel for the appellant, service of

notice upon respondent No.5 is hereby dispensed with for the time

being.

Heard.

Admit. Call for record.

(2 of 2) [CMA-2236/2022]

Issue notice. Shri Narendra Thanvi, Advocate, puts in

appearance on behalf of respondent Nos.1 to 4. Thus, service is

complete.

Heard on stay application.

It is ordered that in the event of the appellant being

deposited 50% of the compensation amount, as awarded vide

judgment and award dated 31.08.2022 passed by the learned

Presiding Officer, Motor Accident Claims Tribunal, Banswara in

M.A.C. Case No.258/2017, along with interest (inclusive of the

amount already deposited) within a period of two months from

today, the recovery of the remaining compensation amount, shall

remain stayed.

Upon deposition of 50% of the amount as aforesaid, the

same shall be disbursed to the respondents-claimants in the

proportion and manner mentioned in the award dated 31.08.2022

passed by the learned Presiding Officer, Motor Accident Claims

Tribunal, Banswara in M.A.C. Case No.258/2017.

The respondent Nos.1 to 4 are granted liberty to file reply

along with the application seeking vacation of interim order.

(KULDEEP MATHUR),J

7-Prashant/-

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