Tittu And Anr vs Krishna Devi And Ors
2022 Latest Caselaw 3883 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Civil Miscellaneous Appeal No. 2433/2018

Tittu s/o Rameshwarlal And Anr.
                                                                        ----Appellants
                                   Versus
Krishna Devi w/o Late Budhram And Ors
                                                                  ----Respondents

For Appellant(s)         :     Mr. Ankush Sharma
For Respondent(s)        :     Mr. Tapeshwar Pal Singh Parmar
                               Mr. Chanderdeep Singh Jodha



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

17/05/2022

     Appellants    (owner     and      driver)      have        filed    this   appeal,

assailing judgment and award dated 07.02.2018 passed by MACT,

Jhunjhunu in claim case No.1433/2013 whereby compensation of

Rs.5,30,000/- along with interest @ 7.5% per annum has been

awarded in favour of claimants and Insurance company has been

exonerated.

Counsel for appellants are owner and driver of the vehicle in

question. Counsel for appellants submits that the Tribunal has

committed illegality in exonerating the Insurance Company. In

case of breach of condition of Insurance policy due to not having

the valid permit, at the most, the Tribunal could have passed the

order for "pay and recovery" instead of exonerating the Insurance

Company as a whole.

Counsel for appellants further submits that appellants have

filed the permit along with an application under Order 41 Rule 27

CPC in the present appeal.

(2 of 2) [CMA-2433/2018]

Counsel for respondents claimants submits that appellants

are liable to pay the compensation, however, due to ex-parte stay

order, not a single penny of compensation has been paid.

Heard counsel for both parties.

Appeal is admitted for hearing.

Since counsel for respondents has already put in appearance,

notices need not be issued.

In case appellants deposit a lumpsum amount of

Rs.2,50,000/- within period of eight weeks before the Tribunal, the

execution of the impugned award against appellants shall remain

stayed. However, in case of non-deposition, respondents-claimants

would free to proceed with the execution of award.

On deposition of such amount, the same be disbursed to

respondents-claimants.

Record of the Tribunal be sent back in order to complete the

proceedings of deposition and disbursement and after completing the

same record be returned to this Court.

The additional documents would be considered at the time of

hearing of appeal, subject to admissibility and relevancy of the

documents.

With aforesaid observations, the stay application and application

for vacation of stay order as well as application under Order 41 Rule 27

CPC stand disposed of.

(SUDESH BANSAL),J

NITIN /79

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