Mahipal S/O Shri Shyam Lal vs Usha Devi W/O Shri Ramveer
2022 Latest Caselaw 2312 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 608/2022

Mahipal S/o Shri Shyam Lal
                                                                    ----Appellant
                                    Versus
Usha Devi W/o Shri Ramveer & Ors.
                                                                 ----Respondents

For Appellant(s) : Mr. DD Khandelwal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

14/03/2022

This appeal has been filed by the appellant-Driver, assailing

the judgment and award dated 29.01.2022, whereby for the

injuries to the respondent-claimant, he has been awarded a

compensation of Rs.2,48,404/- with interest @ 6% per annum

w.e.f. 15.02.2012 onwards.

Liability to pay compensation has been fasten upon the

Tribunal and owner of the vehicle jointly and severely, who are

appellant and respondent No.3-Savri Ram (non-claimant No.2 and

3 before the Tribunal).

Heard learned counsel for the appellant.

Admit.

Issue notice.

Learned counsel for appellant-Driver submits that execution

of award be stayed against the appellant. He submits that he has

already deposited Rs.25,000/- before the Tribunal, before filing of

this appeal.

(2 of 2) [CMA-608/2022]

If the appellant deposits an additional amount of Rs.25,000/-

within a period of four weeks before the Tribunal, the execution of

impugned award shall remain stayed against the appellant only.

However, the execution proceedings may/shall continue against

the owner of the vehicle-Savri Ram.

The compensation amount of Rs.25,000/- deposited by the

appellant prior to filing of the appeal and an additional amount of

Rs.25,000/- if deposited by the appellant in compliance of this

order be disbursed to respondent-claimants.

(SUDESH BANSAL),J

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