Cholamandalam Ms General ... vs Taramati
2022 Latest Caselaw 4097 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 579/2021 Cholamandalam Ms General Insurance Co. Ltd, Authorized Representative K.p. Tower, Chopasni Road, Jodhpur

----Appellant Versus

1. Taramati W/o Baludas, Village Balesar Durgawata, Tehsil Balesar, Dis. Jodhpur

2. Vishnu S/o Baludas, Village Balesar Durgawata, Tehsil Balesar, Dis. Jodhpur

3. Varsha D/o Baludas, Village Balesar Durgawata, Tehsil Balesar, Dis. Jodhpur

4. Vandana D/o Baludas, Village Balesar Durgawata, Tehsil Balesar, Dis. Jodhpur

5. Champa W/o Hanumandas, Village Balesar Durgawata, Tehsil Balesar, Dis. Jodhpur

6. Hanumandas S/o Chunnilal, Village Balesar Durgawata, Tehsil Balesar, Dis. Jodhpur

7. Chetan Ram S/o Roopa Ram Mali, Chouhano Ka Bera, Balesar Satta, Tehsil Balesar, Dis. Jodhpur

8. Mohan Ram S/o Shankar Ram Mali, Chouhano Ka Bera, Balesar Satta, Tehsil Balesar, Dis. Jodhpur

----Respondents

For Appellant(s) : Mr. Jagdish Vyas For Respondent(s) : Mr. Rajesh Panwar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

15/03/2022

Mr. Rajesh Panwar learned counsel having entered caveat on

behalf of the claimants/respondents is appearing on behalf of all

the respondent Nos. 1 to 6.

Let notices be issued to the respondent Nos. 7 & 8. Issue

notice of stay application also, returnable within three weeks.

Heard on stay application.

Learned Counsel appearing for the appellant submits that

though the learned tribunal vide impugned judgment award dated

(2 of 2) [CMA-578/2021]

09.04.2021 has awarded a total compensation of a sum of Rs.

10,72,560/- but the facts of the matter remains that even the

involvement of the offending vehicle is under shadow of doubt. It

is also submitted that there is delay of atleast four days in lodging

the FIR with respect to the accident in question and therefore,

effect, operation and execution of the impugned award deserves

to be stayed.

Per contra learned counsel appearing for the

claimants/respondents submits that the learned Tribunal was very

much justified in passing the impugned order and there is no

illegality in awarding the amount of compensation.

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

is considered appropriate and hence ordered that if the appellant

deposits 50% 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 09.04.2021 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 17-neha/-

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