Regional Manager, Tata Aig ... vs Kunti Devi S/O Late Shri Rohitash
2022 Latest Caselaw 106 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 144/2020

Regional Manager, Tata Aig General Insurance Co. Ltd.
                                                                     ----Appellant
                                   Versus
Kunti Devi S/o Late Shri Rohitash & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Rizwan Ahmed, through VC For Respondent(s) : Mr. Pradeep Mathur, through VC Mr. Ashok Verma, through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

05/01/2022

The matter has come up on an application filed by the

respondents for vacation of stay order dated 04.03.2020.

This is the appeal filed by the Insurance Company assailing

the judgment and award dated 24th October, 2019, whereby and

whereunder the Commissioner, Workman Compensation, Jaipur

has passed compensation of Rs.3,15,930/- along with interest

@12% per annum.

The appellant has deposited the entire amount of

compensation before the Commissioner, Workman Compensation,

Jaipur in compliance of the order dated 04.03.2020.

Heard learned counsel appearing for both the parties.

This appeal is admitted for hearing on the following

substantial question of law:-

"whether the impugned award stands contrary to the terms of the contract of insurance, arrived at between the insurance company and insurer?"

(2 of 2) [CMA-144/2020]

Notices need not be issued as counsel puts in appearance on

behalf of all the respondents.

Service is complete.

Record has already been summoned.

Put up in due course.

Heard on the stay application and the application for vacation

of stay order as well.

Since the appellant has deposited entire amount of

compensation along with interest, it is directed that out of such

deposited amount, 50% of the total amount of compensation so

deposited, shall be disbursed to the respondents-claimants on

furnishing the written undertaking that in case the appellant

succeeds in the appeal they will restitute the amount received by

them along with the same rate of interest. Remaining 50%

amount shall be deposited in the FDR, initially for a period of three

years renewable from time to time. The disbursement of

remaining amount shall be subject to final outcome of the appeal.

The stay as well as the application for vacation of stay stand

disposed of.

(SUDESH BANSAL),J

SAURABH/55

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