Rajasthan High Court

General Manager Bharat Sanchar vs Beena Mathur on 20 July, 2022

Bench: Sudesh Bansal

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil First Appeal No.28/2005

General Manager Bharat Sanchar Nigam Limited
                                                                   ----Appellant
                                   Versus
Beena Mathur & Ors.
                                                                ----Respondents

Connected With S.B. Civil First Appeal No. 114/2005 Secretary Jaipur Development Authority, Jaipur

----Appellant Versus Smt Beena Mathur And Ors.

----Respondents S.B. Civil First Appeal No. 71/2007 Mayor Municipal Corporation Jaipur

----Appellant Versus Smt Beena Mathur And Ors.

                                                                ----Respondents


For Appellant(s)         :     Mr. Neeraj Batra
                               Ms. Arushi Goyal for Mr. Yuvraj
                               Samant
                               Mr. Mukesh Kumar Verma
For Respondent(s)        :     Mr. B L Sharma
                               Mr. Bhanu Prakash



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

20/07/2022

1. Since all three appellants, by way of separate three appeals,

have challenged the judgment and award dated 18.10.2004

passed by Additional District Judge No.5, Jaipur City, Jaipur in

Civil Suit No.98/1998 whereby and whereunder while allowing

compensation of Rs.3,77,000/- in favour of respondents-plaintiffs-

(2 of 6) [CFA-28/2005]

claimants, all three appellants-defendants were held liable to pay

the compensation jointly and separately in equal 1/3rd-1/3rd

share.

2. In S.B. Civil First Appeal No.28/2005, learned counsel for

appellant-Bharat Sanchar Nigam Limited submits that 1/3rd share

of compensation amount has been deposited in compliance to the

order dated 11.02.2005. The Co-ordinate Bench of this Court vide

order dated 03.02.2006 allowed disbursement of this amount to

the plaintiff-claimants on furnishing a bank guarantee for such

amount.

3. In S.B. Civil First Appeal No. 114/2005, learned counsel for

appellant-Jaipur Development Authority submits that JDA has also

deposited its 1/3rd share of compensation in compliance to the

order dated 10.11.2005 passed in its appeal. There is no order for

disbursement of this amount to the plaintiff-claimants.

4. In S.B. Civil First Appeal No. 71/2007 filed by Municipal

Corporation, Jaipur an application No.23512/12 has been filed

stating that since 1/3rd-1/3rd share of compensation amount has

been deposited by Bharat Sanchar Nigam Limited and Jaipur

Development Authority, the Municipal Corporation, Jaipur is ready

to deposit the remaining 1/3rd amount of compensation and

hence it has been prayed that on deposition of 1/3rd of decretal

amount by Municipal Corporation, Jaipur the execution of award

against Municipal Corporation, Jaipur be stayed.

5. Learned counsel for respondent-claimants submits that

although at one point of time the accounts of Municipal

Corporation, Jaipur were seized in order to recover the 1/3rd of

decretal amount but in view of stay order passed in other two

(3 of 6) [CFA-28/2005]

appeals, the account was detached and no amount has been

recovered from Municipal Corporation, Jaipur.

6. In such circumstances, on prayer of Municipal Corporation,

Jaipur, it is directed that Municipal Corporation, Jaipur would

deposit 1/3rd of decretal amount along with interest before the

trial court within a period of four weeks from today. In case, such

amount is deposited by Municipal Corporation, Jaipur, execution

proceedings of impugned award qua Municipal Corporation, Jaipur

shall remain stayed but in case of non-deposition, at least for

recovery of 1/3rd share of decretal award, respondent-claimant

can proceed for execution of impugned award against Municipal

Corporation, Jaipur.

7. In S.B. Civil First Appeal No.28/2005, an application (I.A.

No.1/2022) has been filed by respondent-claimant stating therein

that bread earner of their family, husband and father of claimants

died accidentally and under the Fatal Accident Act, a compensation

amount of Rs.3,77,000/- was awarded along with interest @6%

per annum from the date of institution of the suit i.e. 11.11.1998

in their favour vide judgment dated 18.10.2004. All three

appellants-defendants No.2, 3 and 4 are liable to pay the

compensation amount with interest in equal 1/3rd-1/3rd share of

each. Though the 1/3rd share and 1/3rd share by Bharat Sanchar

Nigam Limited and Jaipur Development Authority have been

deposited but the same has not been disbursed. An additional

affidavit has also been placed on record that claimants could not

arrange to furnish a bank guarantee as directed vide order dated

03.02.2006 in S.B. Civil First Appeal No.28/2005. It has been

contended that after passing of previous order dated 20.03.2009,

the circumstances have changed. The claimants are in dire

(4 of 6) [CFA-28/2005]

necessity of compensation amount to meet out their daily

expenses as well as for the purpose of their marriages and to clear

the loans taken from their relatives. It has been stated that

claimants are poor persons and have no means to furnish the

bank guarantee. It has been stated that they have made an effort

from their relatives and friends that bank guarantee be furnished

but they could not succeed. In such change circumstances, it has

been prayed that compensation amount so deposited be disbursed

to claimants on furnishing an undertaking that in case, appellants

would succeed in their respective appeals, they are ready to

restitute the amount along with interest @6% per annum.

8. No reply to the application has been filed by either of

appellants.

9. Heard.

10. Considered.

11. In overall facts and circumstances of the present case, it is

not in dispute that though a compensation to the tune of

Rs.3,77,000/- along with interest @6% per annum has been

awarded in favour of respondents-claimants under the Fatal

Accident Act vide judgment dated 18.10.2004, however they have

not received a single penny. It is also apparent that despite

efforts, appeals have not been heard on merits. The circumstances

after passing of order dated 03.02.2006 and 20.03.2009 have

changed. Non-payment of compensation amount, for a long period

of more than 15 years, is certainly inequitable/injustice with

claimants, more so when two appellants have already deposited

their respective 1/3rd share of compensation.

(5 of 6) [CFA-28/2005]

12. In such change circumstances, to balance the interest and

equity of both parties and in the interest of justice, this Court

deems it just and proper to pass following orders:-

"(a) The compensation amount deposited by Bharat

Sanchar Nigam Limited and Jaipur Development

Authority be disbursed to the respondent-claimant on

furnishing a written undertaking by all surviving

claimants to the effect that in case the impugned award

is set aside, they will restitute the amount to appellants

along with interest @6% per annum.

(b) The Municipal Corporation, Jaipur is directed to

deposit its 1/3rd share of compensation amount along

with interest within a period of four weeks from today

before the trial court. In case, the Municipal

Corporation, Jaipur deposits its 1/3rd amount of

compensation, the same may also be disbursed to

respondents-claimants on furnishing a written

undertaking by all surviving claimants to the effect that

in case the impugned award is set aside, they will

restitute the amount to appellant along with interest

@6% per annum.