Prakash Chand And Others vs Devi Lal And Others
2022 Latest Caselaw 141 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 3042/2015

Prakash Chand And Others
                                                                  ----Appellant
                                   Versus
Devi Lal And Others
                                                                ----Respondent

Connected With S.B. Cross Objection (Civil) No. 59/2018 Prakash Chand S/o Late Sh. Vatsraj

----Appellant Versus Devi Lal S/o Mukha

----Respondent

For Appellant(s) : Mr. Sandeep Mathur through VC For Respondent(s) : Mr. Brij Bhushan Ojha through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/01/2022

This appeal has been filed by the owner of the vehicle

assailing the judgment and award dated 08.04.2005. While issuing

notices, the ex parte interim stay order dated 15.05.2018 was

passed in favour of the appellant staying the operation of

impugned award.

After service of notices, learned counsel for the respondents-

claimants has appeared and filed cross objections. The Claimants

have filed an application for vacation of stay order dated

15.05.2018 alleging that nothing has been paid to the claimants

despite the award of compensation amount of Rs.5,35,778/-.

(2 of 2) [CMA-3042/2015]

Learned counsel for the claimants has prayed that the ex

parte stay order dated 15.05.2018 be vacated and directions be

issued to pay the entire compensation amount to the claimants.

Heard learned counsels for both the parties.

In the appeal, learned counsel for the appellants has

challenged the findings of the Tribunal in relation to issue No.3

whereby the Insurance Company has been exonerated from its

liability.

The appeal filed by the owner as well as cross objections

filed by claimants are admitted for hearing.

As far as stay application is concerned, in case the appellants

deposited 50% of the compensation amount i.e. Rs.5,35,778/-

along with interest till the date of deposition within a period of

eight weeks before the Tribunal, the execution of the impugned

award for remaining compensation amount shall remain stayed.

The amount deposited by the appellant may be disbursed to the

claimants.

In case the compensation amount is not deposited by the

appellants within the aforesaid stipulated time, the claimants may

proceed with the execution of the award dated 08.04.2015 in

accordance with law.

Accordingly, the stay application as well as application for

vacation of stay stand disposed of.

Put up in due course.

(SUDESH BANSAL),J

NITIN /49-50

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