United India Insurance Company ... vs Mala Ram
2022 Latest Caselaw 9468 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 634/2022

United India Insurance Company Limited, Through Its Legally Constituted Authority, T.p. Hub, 74 A, Bhati -N-Plaza, Pal Road, Jodhpur.

----Appellant Versus

1. Mala Ram S/o Gula Ram Jat, R/o Jhardho Ki Dhani, Chhotu, Tehsil Gudamalani, Distt. Barmer.

2. Smt. Aakhi W/o Mala Ram Jat, R/o Jhardho Ki Dhani, Chhotu, Tehsil Gudamalani, Distt. Barmer.

3. Ganga Ram S/o Pema Ram Jat, R/o Bhomaniyon, Kadwasaro Ki Dhani, Chhotu, Tehsil Gudamalani, Distt. Barmer. (Owner Cum Driver)

----Respondents

For Appellant(s) : Mr. Jagdish Chandra Vyas For Respondent(s) : Mr. Chandra Mohan Sharma Mr. Prashant Panwar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

20/07/2022

Learned counsel appearing for the appellant-Insurance

Company submits that the involvement of offending vehicle in the

present case is under shadow of doubt, and therefore, the effect &

operation of impugned judgment may be stayed.

Matter requires consideration.

Heard.

Admit.

Issue notice to the respondents. Issue notice of stay

application also, returnable within six weeks.

(2 of 2) [CMA-634/2022]

Mr. Chandra Mohan Sharma & Mr. Prashant Panwar learned

counsel appears for the claimants-respondents and opposed the

prayer made by the learned counsel for the appellant.

Call for the record.

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 20-neha/-

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