National Insurance Company Ltd vs Vijayalaxmi W/O Prakash Chand
2022 Latest Caselaw 2357 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1479/2021

National Insurance Company Ltd.
                                                                    ----Appellant
                                     Versus
Vijayalaxmi W/o Prakash Chand & Ors.
                                                                 ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1319/2021 Vijaylakshmi W/o Prakashchandra & Ors.

----Appellants Versus Ashish Garg S/o Sudhir Kumar Garg & Ors.

----Respondents

For Appellant(s) : Mr. Gaurav Dhiwan For Respondent(s) : Mr. Lokesh Parihar (National Insurance Company)

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/03/2022

Both appeals have arisen in relation to judgment and award

dated 16.04.2021 whereby and whereunder compensation to the

tune of Rs.33,55,100/- has been passed in favour of the claimants

with interest @ 7% per annum with effect from 12.03.2018.

Heard learned counsel for both parties.

Admit.

Issue notice.

In appeal No.1479/2021, respondent-claimants have put in

appearance, therefore notice be issued only to respondents No.5

and 6. In appeal No.1319/2021. Counsel for respondent-Insurance

Company has appeared thus on request of counsel for appellant,

(2 of 2) [CMA-1479/2021]

service of respondents No.1 and 2 (owner and Driver) is dispensed

with.

Heard on stay application.

In case, the Insurance Company deposits entire awarded

amount with interest, within a period of four weeks before the

Tribunal, execution of the impugned award shall remain stayed.

On deposition of such amount, 50% be disbursed to claimants

through their Saving Bank Account Number and remaining 50%

be kept deposited in FDR with a Nationalised Bank, initially for a

period of three years, subject to renewal from time to time.

Stay application stands disposed of.

The Tribunal after completing proceedings of deposition and

disbursement mentioned hereinabove, will send the record to this

Court.

(SUDESH BANSAL),J

Sunita/5-6

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