Narsiram And Anr vs Smt Santra Devi And Ors
2022 Latest Caselaw 1209 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 5332/2017

Narsiram And Anr.
                                                                  ----Appellants
                                   Versus
Smt Santra Devi And Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Aatish Jain, through VC For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

02/02/2022

Instant appeal has been filed by owner and driver of vehicle

assailing the judgment and award dated 23.06.2017 passed by

Additional District Judge No.3, Sikar (Raj.) in Claim Case

No.174/2005 whereby and whereunder the claimants have been

awarded compensation to the tune of Rs.1,75,000/- and liability

has been fasten upon the appellants.

Heard.

Admit.

Issue notice to respondents of appeal as also of stay

application, returnable within twelve weeks.

It has been submitted that out of total compensation amount

of Rs.1,75,000/, Rs.50,000/- has already been paid by Insurance

Company in the head of no fault liability under Section 140 which

is not non-recoverable in law. Therefore, in view of above, if

appellants deposit a lump sum amount of Rs.50,000/- within a

period of six weeks before the Tribunal, the execution of impugned

award against the appellants shall remain stayed. However, if

(2 of 2) [CMA-5332/2017]

appellants would not deposit the amount within the aforesaid

period, the claimant would be free to proceed with the execution

proceedings.

On deposition of such amount, the same be disbursed to

claimants.

The Tribunal, after completing the proceedings of deposition

and disbursement as mentioned hereinabove, shall send the

record to this Court.

(SUDESH BANSAL),J

SAURABH/1

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