Cholamandalam Ms General ... vs Smt. Chand Kanwar Sharda W/O Late ...
2022 Latest Caselaw 15 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1954/2021

Cholamandalam Ms General Insurance Company Ltd.
                                                                  ----Appellant
                                   Versus
Smt. Chand Kanwar Sharda W/o Late Shri Omprakash Sharda
                                                                ----Respondent

For Appellant(s) : Mr. Virendra Agrawal For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/01/2022

This appeal has been filed by the Insurance Company

assailing the judgment and award dated 27.08.2021, whereby and

whereunder a compensation of Rs.9,41,420/- along with interest

at the rate of 9% per annum has been granted against the

appellant and in favour of the respondents-claimants.

Learned counsel for the appellant submits that the impugned

judgment is vulnerable on the quantum of compensation as also

on account of other grounds that the eye witness and the main

claimant (widow of the deceased) has not been examined.

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-1954/2021]

On the request of the appellant the service of notices upon

respondent Nos.6 and 7 is dispensed with. Hence, notices be

issued only to respondent No.1 to 5.

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

27.08.2021 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/45

Powered by TCPDF (www.tcpdf.org)