Rajasthan High Court
National Insurance Company vs Sushila W/O Shri Gopal Lal on 11 February, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2509/2019
National Insurance Company
----Appellant
Versus
Sushila & Ors.
----Respondents
For Appellant(s) : Mr. VP Mathur, Advocate
For Respondent(s) : Mr. S.K. Singhal, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
11/02/2022
Matter comes up on three applications - (one) no. 1/20
filed under Section 151 CPC for modification of the order dated
13.5.2019 passed by this Court in S.B. Civil Misc. Appeal No.
2509/2019; (two) no. 1/2021 filed under Section 151 CPC for
considering the application no. 1/2020; and (three) under Section
151 CPC for taking the valuation report on record.
Learned counsel for the respondents-claimants submits
that the appellant-Insurance Co. filed an appeal before this Court
challenging the judgment and award dated 24.1.2019 passed by
the Tribunal, whereby the learned Tribunal awarded a sum of Rs.
46,32,900/- as compensation in favour of the claimants alongwith
interest @ 6% p.a. from the date of filing the claim petition till
realization. He further submits that this Court, while condoning
the delay and issuing notices to the respondents, vide its order
dated 31.5.2019 stayed operation of the impugned judgment and
decree dated 24.1.2019 subject to the condition that the appellant
shall deposit the entire award amount with the Tribunal within a
(2 of 3) [CMA-2509/2019]
month. However, on deposition of the said amount, the claimants
were granted liberty to withdraw 50% of the said amount on their
furnishing a solvent security and an undertaking on oath to the
effect that if the appellants ultimately succeed in the appeal, the
said amount shall be refunded alongwith interest @ 6% p.a. from
the date of withdrawal till refund and the rest 50% amount was
directed to be invested in FDR in a nationalized bank for a period
of one year, to be renewed from time to time. He further submits
that on deposition of the said amount, the claimants filed an
application before the Tribunal for disbursement of 50% amount,
but the same was dismissed by the Tribunal vide order dated
26.11.2019 on the ground that as per photostat copy of the
documents, valuation of the property was Rs. 8,25,000/-, whereas
'solvent security of Rs. 27,30,294/-', was required. He further
submits that the claimants got the property valued from the
valuer and as per his valuation report also, value of the property
is not upto the amount, of which solvent security is required. He
further submits that on account of death of Gopal Lal, the
claimants respondents are having no source of income and they
have not received a single penny. The claimants respondents are
in the immediate need of money to do their routine works. He has
prayed that the order dated 31.5.2019 passed by this Court be
modified and the condition requiring the claimants to furnish a
solvent security be waived.
Leaned counsel for the Insurance Co. has opposed the
same.
Taking into consideration the facts and circumstances of
the case and more particularly the fact that Gopal Lal, who was
the bread earner of the family, died on 7.3.2015 and since then
(3 of 3) [CMA-2509/2019]
the claimants respondents have not received a single penny and
they have no source of income, the order dated 31.5.2019 passed
by this Court is modified. The concerned Tribunal is directed to
attest the documents submitted by the claimants as solvent
security to the extent the valuation mentioned in valuation report
dated 09.09.2021 and for the rest of the amount, the claimants
shall submit an undertaking to the satisfaction of the Tribunal
within 15 days from today. On doing so, 50% of the decretal
amount, as directed by this Court vide order dated 31.5.2019 shall
be disbursed by the Tribunal in favour of the claimants.
All the three applications stand disposed of accordingly
and this order shall be treated as an integral part of the order
dated 31.5.2015 passed by this Court.
(PRAKASH GUPTA),J
DK/28
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