Hdfc Ergo General Insurance ... vs Gyarsilal S/O Shri Laxman
2022 Latest Caselaw 311 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 5005/2018

Hdfc Ergo General Insurance Company Ltd. Through Regional
Manager
                                                                   ----Appellant
                                   Versus
Gyarsilal S/o Shri Laxman & Ors.
                                                                ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1902/2021 Gyarsi Lal S/o Shri Laxman

----Appellant Versus Kamlesh S/o Shri Badriprasad & Ors.

----Respondents

For Appellant(s) : Mr. Virendra Agrwal through V.C.

Mr. Ram Sharan Sharma through V.C.

For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

13/01/2022

S.B. Civil Miscellaneous Appeal No. 5005/2018:-

This appeal has been filed by Insurance Company against

judgment and award dated 23.08.2020, whereby and whereunder

compensation amount of Rs.5,10,212/- was awarded in favour of

respondent-claimant. Counsel for Insurance-Company submits

that vehicle insured with the Insurance Company was not involved

an accident and claimants have lodged FIR regarding the said

accident belatedly, which is false.

Counsel for claimants opposed the arguments and submits

that the Tribunal has given findings in favour of claimants.

Heard counsel for both parties.

                                                             (2 of 2)                                  [CMA-5005/2018]



                                         Admit.

Notice of respondent Nos.2 and 3 be filed by Insurance Company

within a period of eight weeks.

Insurance Company in compliance of order dated 22.10.2018

has deposited the entire compensation amount with interest.

It is hereby directed that out of compensation so deposited, 50%

of the amount be disburse to respondent-claimants in terms of award

and remaining 50% be kept deposited in FDR in Nationalized Bank

initially for a period of three years subject to renewal from time to time.

With aforesaid directions, stay application and application for

vacation of stay order stand disposed of.

Record of case be sent back to the Tribunal in order to complete

proceedings of disbursement and thereafter the same be returned back

to this Court.

S.B. Civil Miscellaneous Appeal No. 1902/2021:-

This appeal has been filed by claimant for enhancement of

compensation, which is barred by 1053 days.

Let copy of application and appeal be supplied in the office of

Mr. Virendra Agarwal, who appears for Insurance-Company, within

a period of eight weeks.

Name of Mr. Virendra Agarwal, Advocate for Insurance

Company be shown in the cause list.

Put up after twelve weeks.

(SUDESH BANSAL),J

TN/37-38

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