Cholamandalam Ms General ... vs Arun Kumar Mathur
2022 Latest Caselaw 9311 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 695/2022

Cholamandalam Ms General Insurance Company Limited, Jodhpur Office At K.p. Tower, Chopasni Road, Jodhpur Through Its Authorized Representative.

----Appellant Versus

1. Arun Kumar Mathur S/o Sh. Vijay Narayan Mathur, R/o Ganpati Nagar Deedwana, Distt. Nagaur.

2. Hema Ram S/o Bhura Ram Choudhary, R/o A-14, Transport Nagar, Jaipur Presently Residing At Village Dalelpura, Ps Maroth, Dist. Nagaur. (Driver)

3. Ram Niwas Aichra S/o Arjun Ram, R/o Village Ghatwa, Tehsil Nawa, Distt. Nagaur. (Owner)

----Respondents

For Appellant(s) : Mr. Jagdish Chandra Vyas For Respondent No.1 : Mr. Mahipal Singh Charan

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

18/07/2022

Learned counsel for the appellant-Insurance Company

submits that the learned Tribunal has wrongly awarded amount

towards permanent disability twice and has also wrongly

calculated the amount towards the medical bills.

Matter requires consideration.

Heard.

Admit.

Mr. Mahipal Singh Charan learned counsel appeared on

behalf of respondent-claimant No. 1 and submits that the learned

(2 of 2) [CMA-695/2022]

Tribunal has rightly passed the impugned judgment & award are,

therefore, the present appeal deserves to be dismissed.

Issue notice to respondent No. 2 & 3. Issue notice of stay

application also, returnable within six weeks.

Call for the record.

Heard on stay application.

Having regard to the facts and circumstances of the case, it

is considered appropriate and hence ordered that in the

meanwhile if the appellant deposits 60% of the award amount,

along with the interest as mentioned in the impugned award

before the Tribunal within a period of one month, the recovery of

the remaining amount under the impugned award dated

10.12.2021 shall remain stayed.

The deposited amount may be disbursed to the claimants in

the manner and proportion as contemplated in the impugned

award with the undertaking that if the appellant in the present

appeal succeeds, he/she/they shall refund the same alongwith

interest in accordance with law.

It is made clear that the amount previously deposited by the

appellant, if any, shall be adjusted towards the said amount.

(MADAN GOPAL VYAS),J 21-neha/-

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