Union Of India vs Vijay Singh S/O Ganpat Rao
2022 Latest Caselaw 14 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1735/2021

Union Of India
                                                                   ----Appellant
                                   Versus
Vijay Singh S/o Ganpat Rao
                                                                 ----Respondent

For Appellant(s) : Mr. Dhoop Singh Poonia For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/01/2022

This appeal has been filed by Union of India assailing the

judgment dated 12.07.2021 in relation to the claim Case

No.96/2014 whereby and whereunder a compensation of

Rs.6,79,500/- along with interest at the rate of 6% per annum

with effect from 22.02.2010 till actual payment has been passed

against the appellant and in favour of the respondents-claimants.

Learned counsel for the appellant submits that the Tribunal

which passed the impugned judgment does not have territorial

jurisdiction and further the Tribunal has committed illegality in

exonerating the Insurance Company from the liability to pay

compensation.

Heard.

Admit.

Issue notice of appeal as also of stay application to the

respondents, returnable within ten weeks. Notices be filed in two

sets, one to be served by ordinary process and another by

registered post.

                                                           (2 of 2)                                      [CMA-1735/2021]



                                         Heard on the stay application.

                                         In case the appellant           deposits        the       entire   amount of

compensation along with the interest within a period of four weeks

before the Tribunal, the execution of impugned award dated

12.07.2021 as far as relating to the present claim petition is

concerned shall remain stayed.

In case the appellant fails to deposit the amount within the

aforesaid period, the respondents-claimants may proceed for

execution. However, if the appellant deposits the compensation

amount as mentioned above, the 50% of the compensation so

deposited may be disbursed to the respondents-claimants in terms

of the impugned judgment. For remaining 50% of compensation

the order of disbursement may be passed later on after hearing

both the parties, till then the remaining 50% of the compensation

be kept in FDRs initially for a period of two years subject to the

renewal from time to time.

It is made clear that the order of deposition of the remaining

amount of 50% in FDRs will not affect the rights of claimants for

seeking disbursement of this amount during the course of appeal.

The Tribunal may complete the exercise of deposition and

disbursement of the compensation as mentioned hereinabove and

thereafter may send the record of this claim petition to this Court.

(SUDESH BANSAL),J

NITIN/44

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