Cholamandalam Ms General ... vs Smt. Pushpa Devi W/O Late Shri Ogad ...
2022 Latest Caselaw 267 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 5178/2018

Cholamandalam Ms General Insurance Co. Ltd.
                                                                    ----Appellant
                                     Versus
Smt. Pushpa Devi W/o Late Shri Ogad Das
                                                                  ----Respondent

For Appellant(s) : Mr. Virendra Agrawal through VC For Respondent(s) : Mr. Vinay Mathur through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/01/2022

This appeal has been filed by Insurance Company, assailing

judgment and award dated 03.08.2018, whereunder a

compensation of Rs.59,74,066/- along with interest was awarded

in favour of respondents.

Learned counsel for appellant submits that pursuant to

interim order dated 01.11.2018, Insurance Company has

deposited entire amount of compensation which is lying with the

Tribunal.

Learned counsel for claimants have filed an application for

vacation of ex parte stay order dated 01.11.2018.

Heard learned counsel for both parties on appeal as also on

stay application and application for vacation of stay.

Admit.

Out of compensation so deposited by Insurance Company,

50% compensation amount be disbursed to respondents-claimants

in terms of impugned award passed by the Tribunal. For remaining

(2 of 2) [CMA-5178/2018]

50% shall remain deposited in FDRs initially for a period of three

years subject to renewal from time to time.

With aforesaid observations, stay application and application

for vacation of stay stand disposed of.

On the request of learned counsel for appellant, service of

notice on remaining respondents who are contesting is dispensed

with.

Record of the Tribunal be sent back to complete the exercise

of deposition and disbursement of the compensation as mentioned

hereinabove and thereafter the same be returned to this Court.

The disbursement of compensation amount be made through SB

saving Bank account, so furnished by the claimants.

(SUDESH BANSAL),J

NITIN /17

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