Mukesh Kumar S/O Laxmi Narayan vs Abdul Latif S/O Mohammed Ilabux
2022 Latest Caselaw 241 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 5654/2017

Mukesh Kumar S/o Laxmi Narayan & Ors.
                                                                       ----Appellants
                                      Versus
Abdul Latif S/o Mohammed Ilabux & ors.
                                                                  ----Respondents

For Appellant(s) : Mr. Dhanna Ram through V.C. For Respondent(s) : mr. Mamon Khalid through V.C.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/01/2022

This appeal has been filed by owner of vehicle assailing

findings of issue No.2 in judgment dated 14.07.2017, whereunder

compensation of Rs. 6,84,000/- with interest as awarded against

appellants and in favour of respondent-claimant. It transpires from

record that earlier claim petition was allowed vide judgment dated

10.01.2007 and appellant No.2 filed S.B. Civil Misc. Appeal No.

2/2019, which was remanded vide order dated 19.07.2016 to

decide the findings of issue No.2 afresh. Thereafter, Tribunal has

decided issue No.2 afresh and passed impugned judgment dated

14.07.2017.

In that view of the matter, as far as quantum of

compensation is concerned, the same has been assessed by the

Tribunal twice.

Heard learned counsel for appellant and learned counsel for

claimant.

The appeal admitted for hearing.

                                                               (2 of 2)                                        [CMA-5654/2017]



                                           Appellants   are    directed       to    deposit          entire     amount    of

compensation with interest before Tribunal within a period of eight

weeks from today.

In case, any amount of compensation has already been

deposited by appellants, the same shall be adjusted. The

compensation amount so deposited by appellants, may be

disbursed to respondent-claimant, on furnishing an undertaking

that in case appellants succeeds in appeal, they will restitute the

appeal at the same rate of interest.

It is made clear that in case, appellants shall not deposit the

amount within the aforesaid period as mentioned hereinabove,

respondent-claimant would be free to pursue the execution

proceedings of impugned judgment dated 14.07.2017 against

appellants during course of appeal.

With the aforesaid, the stay application stands disposed of.

Record of the case be returned to the Tribunal in order to

complete proceedings of deposition and disbursement and

thereafter, record be sent back to this Court.

Appeal be listed in due course.

(SUDESH BANSAL),J

TN/63

Powered by TCPDF (www.tcpdf.org)