Rajasthan High Court
Cholamandalam Ms General ... vs Smt. Kamli Devi W/O Late Sarjan ... on 4 July, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 528/2022
Cholamandalam Ms General Insurance Co. Ltd.
----Appellant
Versus
Smt. Kamli Devi W/o Late Sarjan Kumar and Ors.
----Respondents
For Appellant(s) : Mr. Santosh Soni, Advocate for Mr.
Virendra Agrawal, Advocate
For Respondent(s) : Mr. Praveen Kumar Jain, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
04/07/2022
S.B. Civil Misc. Appeal No. 528/2022
Heard counsel for both parties.
Appeal is admitted.
Since respondent No. 1 to 5 are duly represented by
their counsel, fresh notice need not be issued to them.
Issue fresh notice to the other respondents.
Let a reminder be issued to the Tribunal for sending the
record to this Court immediately.
Application No. 1/2022
Matter comes up on an application filed by the
claimants / respondent Nos.1 to 5 for disbursement of the amount
of compensation.
Heard learned counsel for the parties.
Learned counsel for the respondents/claimants submits
that the appellant - Insurance Company filed the present appeal
challenging the judgment and award dated 13.12.2021 passed by
(2 of 3) [CMA-528/2022]
the Motor Accident Claims Tribunal, Tonk, whereby the Tribunal
awarded a sum of Rs.12,63,260/- as compensation in favour of
the claimants alongwith interest @ 7.5% per annum. However, on
04.03.2022 when the matter was listed before this Court, this
Court stayed the operation / execution of the impugned judgment
and award dated 13.12.2021 passed by the Tribunal on the
condition that the appellant shall deposit the entire award amount
with the Tribunal within one month. Appellant has already
deposited the amount of compensation with the Tribunal. However,
due to interim order dated 04.03.2022 passed by this Court, the
amount has not been disbursed to the claimants. In the present
matter, accident took place on 24/25.07.2018, and on account of
non-payment of the money, claimants are suffering great
hardship. He prays that the amount of compensation deposited by
the appellant Insurance Company may be disburse to the
claimants.
On the other hand, learned counsel for the Insurance
Company has opposed the same and submits that the amount of
compensation awarded by the Tribunal is on higher side. However,
he has no objection if 50% of the amount of compensation is
released in favour of the claimants.
Taking into consideration the facts and circumstances of
the case, the Tribunal is directed to disburse 50% of the award
amount in favour of the claimants provided they furnish an
undertaking before the Tribunal to the effect that if the appeal is
finally decided against them, they would return the amount to the
appellant - Insurance Company along with interest @ 7.5% per
annum from the date of its receipt. Rest 50% of the award
amount be deposited in FDR of any Nationalized Bank initially for a
(3 of 3) [CMA-528/2022]
period of one year to be renewed from time to time. Application
stands disposed of accordingly.
The Tribunal may complete proceedings of deposition
and disbursement of compensation as mentioned hereinabove and
thereafter send the record to this Court.
Accordingly, the application for disbursement of
compensation amount stand disposed of.
(PRAKASH GUPTA),J
MR/Kud/58
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