The Oriental Insurance Company ... vs Kesar
2022 Latest Caselaw 4815 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 432/2022

The Oriental Insurance Company Limited, Divisional Office Udaipur, Through Its T.p. Hub, Divisional Office, 537-B, Bhansali Tower, Residency Road, Jodhpur.

----Appellant Versus

1. Kesar W/o Late Sh. Kishan Lal Gurjar, By Caste Gurjar R/ o Gurjaron Ka Mohalla, Nadiya Kheda, Tarawat, Tehsil Vallabh Nagar, District Udaipur. Presently Residing At 1/44, Meera Nagar, Bhuwana, Udaipur.

2. Mst. Khushi D/o Late Sh. Kishan Lal Gurjar, Minor Is Represented Through Their Natural Guardian Mother Smt. Kesar. By Caste Gurjar R/o Gurjaron Ka Mohalla, Nadiya Kheda, Tarawat, Tehsil Vallabh Nagar, District Udaipur. Presently Residing At 1/44, Meera Nagar, Bhuwana, Udaipur.

3. Mahendra S/o Late Sh. Kishan Lal Gurjar, Minor Is Represented Through Their Natural Guardian Mother Smt. Kesar. By Caste Gurjar R/o Gurjaron Ka Mohalla, Nadiya Kheda, Tarawat, Tehsil Vallabh Nagar, District Udaipur. Presently Residing At 1/44, Meera Nagar, Bhuwana, Udaipur.

4. Smt. Mowni Bai W/o Mathra Lal Gurjar, By Caste Gurjar R/o Gurjaron Ka Mohalla, Nadiya Kheda, Tarawat, Tehsil Vallabh Nagar, District Udaipur. Presently Residing At 1/44, Meera Nagar, Bhuwana, Udaipur.

5. Mathra Lal S/o Moda Ji Gurjar, By Caste Gurjar R/o Gurjaron Ka Mohalla, Nadiya Kheda, Tarawat, Tehsil Vallabh Nagar, District Udaipur. Presently Residing At 1/44, Meera Nagar, Bhuwana, Udaipur.

6. Goverdhan Lal S/o Daluji Gurjar, R/o Village Vadi, Tehsil Vallabh Nagar, District Udaipur.

                                                                ----Respondents


For Appellant(s)         :     Mr. Jagdish Chandra Vyas
For Respondent(s)        :     Mr. Anuj Sahlot





                                          (2 of 3)                     [CMA-432/2022]

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

30/03/2022

Heard.

Issue notice to the respondents.

Mr. Anuj Sahlot, learned counsel having entered caveat

accepts notice on behalf of the respondents Nos. 1 to 5.

Let notices be issued to respondent No. 6 alone, returnable

four weeks.

Call for the record.

Heard learned counsel for the parties on stay application.

Learned counsel appearing for the appellant-Insurance

Company vehemently argued that even the involvement of

offending vehicle in question under the shadow of doubt, and

therefore, the effect, operation & execution of the impugned

judgment and award deserves to be stayed.

Learned counsel appearing for the respondent Nos. 1 to 5

opposed the prayer made by learned counsel for the appellant.

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 01.11.2021 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.

(3 of 3) [CMA-432/2022]

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 66(S)-neha/-

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