Citation : 2022 Latest Caselaw 177 Raj/2
Judgement Date : 7 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2069/2020
The New India Assurance Co. Ltd.
----Appellant
Versus
Panchuram S/o Shyojiram,
----Respondent
Connected With S.B. Civil Miscellaneous Appeal No. 2641/2020 Panchuram Son Of Shri Shyojiram
----Appellant Versus Ranjeet Singh Son Of Shri Kishan Singh
----Respondent
For Appellant(s) : Mr. R.P. Vijay through V.C.
Mr. Ram Sharan Sharma through V.C. For Respondent(s) : Mr. Vijay Kumar Jangid through V.C.
Mr. Ram Sharan Sharma respondent in CMA NO.2069/2020
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
07/01/2022
Both appeals have been filed assailing judgment and award
dated 16.01.2020.
In the appeal filed by the Insurance Company, the counsel
for respondents submits that respondent No.2-Ranjeet Singh,
driver of vehicle) has died way back on 15.04.2016, though this
fact was not disclosed earlier. However, be that as it may, the
factum of death of respondent No.2-Ranjeet Singh is taken on
record. The other respondent Nos.1 and 3 are served.
Another appeal has been filed by the claimant for
enhancement of compensation.
(2 of 2) [CMA-2069/2020]
In the appeal No.2641/2020 filed by the claimant, the
factum of death of respondent No.1-Ranjeet Singh is taken on
record.
Heard learned counsel for both the parties.
Admit
Issue notice to respondents.
Since the contesting respondents have been served, no need
to issue fresh notice.
Heard on stay application as well.
This Court vide order dated 26.08.2020, has allowed
disbursement of 50% of the compensation amount to the
claimants and remaining 50% to be deposited in FDR. The stay
order is confirmed till disposal of appeal. However, the
respondents-claimants are free to move application for
disbursement of the remaining amount during the course of
appeal, in change circumstances, if need so arises.
With the aforesaid observations, the application stands
disposed of.
The appeals be listed in due course.
(SUDESH BANSAL),J
TN/22-23
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