Ramcharan S/O Gopi Lal vs Ramprasad S/O Hazari Lal
2022 Latest Caselaw 3928 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 2653/2019

Ramcharan S/o Gopi Lal & Anr.
                                                                     ----Appellants
                                   Versus
Ramprasad S/o Hazari Lal & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Yogesh Pujari For Respondent(s) : Mr. Sudarshan Kumar Laddha Mr. Amar Nath Pareek

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

18/05/2022

Appellants are driver and owner of vehicle (tractor) who have

assailed the judgment and award dated 26.02.2019 passed by

MACT, Bundi (Raj.) in claim case No.380/2012 (CIS No.548/2015)

whereby and whereunder a compensation to the tune of

Rs.4,80,000/- has been awarded in favour of respondents-

claimants and the Insurance Company has been exonerated from

the liability.

Learned counsel for appellants submits that Insurance

Company has wrongly been exonerated and the liability to pay the

compensation should be fasten on the Insurance Company.

Heard.

Admit.

Issue notice to respondents.

Since counsel for respondents have appeared, no need to

issue notices for hearing.

(2 of 2) [CMA-2653/2019]

Having considered the facts and circumstances of the case

that appellants have deposited Rs.25,000/- before the Tribunal at

the time of filing this appeal and claimants have already received

an amount of Rs.50,000/- as under no fault liability.

This Court directs that in case appellants deposit a lump sum

amount of Rs.3,00,000/- within a period of eight weeks, execution

of award against appellants shall remain stayed. On deposition of

amount of Rs.3,00,000/-, the same be disbursed to respondents-

claimants along with previously deposited amount of Rs.25,000/-

through their saving bank account.

However, it is made clear that in case of non-deposition of

the amount, respondent-claimant would be free to proceed for

execution.

The Tribunal may complete the exercise of deposition and

disbursement of compensation, as mentioned above, thereafter

shall send the record of this claim petition to this Court.

Accordingly, application stands disposed of.

(SUDESH BANSAL),J

SAURABH/86

Powered by TCPDF (www.tcpdf.org)