Smt. Kavita W/O Late Shri Sangram ... vs Ajmer Vidyut Vitran Nigam Limited
2022 Latest Caselaw 1929 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 325/2021

Smt. Kavita W/o Late Shri Sangram Singh & Ors.
                                                                  ----Appellants
                                   Versus
Ajmer Vidyut Vitran Nigam Limited & Ors.
                                                                ----Respondents

Connected With S.B. Civil First Appeal No. 219/2021 Ajmer Vidyut Vitran Nigam Limited & Ors.

----Appellants Versus Smt. Kavita W/o Late Shri Sangram Singh & Ors.

----Respondents

For Appellant(s) : Mr. Prashant Sharma & Mr. Ravi Singh For Respondent(s) : Ms. Parinitoo Jain through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/03/2022

Both appeals have been filed against the judgment and

decree dated 12.02.2021 passed by Additional District Judge No.1

Beawar, District Ajmer (Raj.) whereby and whereunder the claim

petition filed by claimants under Fatal Accident Act was allowed

and compensation to the tune of Rs.12,87,431/- with interest has

been awarded in favour of claimants.

Ajmer Vidyut Vitran Nigam Ltd., (for short 'AVVNL') has

assailed the award on the contrary the claimants have filed the

appeal for enhancement of compensation.

Heard.

Admit.

(2 of 2) [CFA-325/2021]

Since respective parties have put in appearance, no need to

issue notice for hearing.

Heard counsel for both parties on stay application.

In case the AVVNL deposits entire amount of compensation

along with interest within a period of eight weeks from today

before the trial court, execution of impugned award as far as

relating to the present claim petition is concerned shall remain

stayed. In case AVVNL fails to deposit the amount within the

aforesaid period, the claimants may proceed for execution.

If the compensation amount so deposited, 50% out of award

amount be disbursed to claimants through their saving bank

account furnished by claimants. Remaining 50% amount of award

shall remain deposited in separate FDRs in a nationalised bank

initially for a period of three years subject to renewal from time to

time. The trial court may complete the exercise of deposition and

disbursement of compensation, as mentioned above, thereafter

shall send the record to this Court.

The stay application stands disposed of.

(SUDESH BANSAL),J

SAURABH/65-66

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