Union Of India Through The General ... vs Udai Singh S/O Jailal Singh
2022 Latest Caselaw 280 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 1720/2021
 Union Of India Through The General Manager, North Western
 Railway ,
                                                                    ----Appellant
                                     Versus
 Udai Singh S/o Jailal Singh
                                                                  ----Respondent

S.B. Civil Miscellaneous Appeal No. 1719/2021 Surendra S/o Shri Udai Singh ,

----Appellant Versus Union Of India Through General Manager, North Western Railway

----Respondent

For Appellant(s) : Mr. Dhoop Singh Poonia through V.C. For Respondent(s) : Mr. Santosh Kumar Soni through V.C.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/01/2022

Both appeals have been filed against judgment dated

12.07.2021, whereunder in relation to claim Case No.97/14, a

compensation of Rs.6,19,000/- with interest at the rate of 6% per

annum w.e.f. 22.02.2010 has been passed against Union of India

and in favour of claimants. Claimants have filed appeal for

enhancement of compensation. The copy of same be given to

counsel for Union of India and his name be shown in the cause

list.

Heard counsel for both parties.

Both appeals are admitted for hearing.

Heard on stay application.

(2 of 2) [CMA-1720/2021]

In case, appellant-Insurance Company deposits the entire

amount of compensation alongwith interest within a period of four

weeks before the Tribunal, execution of impugned judgment dated

12.07.2021 in relation to the present claim petition shall remain

stayed. Out of the amount so deposited by appellant-Union of

India, 50% amount of compensation be disbursed to claimant-

respondents in terms of award and same may be paid in saving

bank account furnished by claimants. The remaining 50% amount

of compensation shall remain deposited in FDR in Nationalized

Bank initially for a period of three years subject to renewal from

time to time. The order in relation to disbursement of remaining

50% amount deposited in FDR shall be made after decision of

appeal.

Accordingly, stay application stands disposed of.

Since counsel for claimants has put in appearance, therefore,

notices be issued to respondent Nos.3, 4 and 5 only, returnable

within a period of twelve weeks.

The Tribunal after completing proceedings of deposition and

disbursement of compensation amount as mentioned above, shall

send the record to this Court.

(SUDESH BANSAL),J

TN/38-37

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