The Oriental Insurance Company ... vs Smt. Suman Devi W/O Late Shrichand ...
2022 Latest Caselaw 486 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 100/2022

The Oriental Insurance Company Ltd.
                                                                   ----Appellant
                                   Versus
Smt. Suman Devi W/o Late Shrichand Yadav, & ors.
                                                                ----Respondents

For Appellant(s) : Mr. sandeep Jain through V.C.

For Respondent(s)        :



              HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

19/01/2022

This appeal has been filed by Insurance Company against

judgment and award dated 01.10.2021 passed by Motor Accident

Claim Tribunal and Additional District Judge No.2, Tijara, District

Alwar whereby and whereunder compensation of Rs.75,11,740/-

with interest at the rate of 7.5% has been assessed in favour of

claimants against Insurance Company.

Appeal is delayed by seven days for which application under

Section 5 of the Limitation Act has been filed.

For reasons mentioned in the application, as also considering the

fact that the impugned judgment was passed during Covid-19 pandemic

in the entire State, the same is allowed. Delay in filing appeal is

condoned.

Heard learned counsel for appellant on appeal.

Admit.

Issue notice to respondents for appeal as also stay application,

returnable within twelve weeks.

(2 of 2) [CMA-100/2022]

In case appellant-Insurance Company deposits entire amount

of compensation along with interest within a period of six weeks

before the Tribunal, execution of impugned award, as far as

relating to the present claim petition is concerned, shall remain

stayed. Out of compensation amount so deposited, 50% amount

be disbursed to claimants, through saving bank account furnished

by claimants. Remaining 50% amount of award shall remain

deposited in separate FDR, in a nationalised bank initially for a

period of three years subject to renewal from time to time.

The Tribunal may complete exercise of deposition and

disbursement of compensation, as mentioned above, thereafter shall

send the record of this claim petition to this Court.

(SUDESH BANSAL),J

TN/70

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