Rajasthan High Court
United India Insurance Company ... vs Noli Bai W/O Late Sohan Lal on 20 May, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.1598/2019
United India Insurance Company Limited Through Senior
Divisional Manager
----Appellant
Versus
Noli Bai W/o Late Sohan Lal
----Respondent
Connected With
S.B. Civil Miscellaneous Appeal No.809/2019
Badri Bai W/o Late Bhanwar Lal
----Appellant
Versus
Ramjan S/o Tajuddin
----Respondent
S.B. Civil Miscellaneous Appeal No.842/2019
Noli Bai W/o Late Sohan Lal
----Appellant
Versus
Ramjan S/o Tajuddin
----Respondent
S.B. Civil Miscellaneous Appeal No.1599/2019
United India Insurance Company Limited Through Senior
Divisional Manager
----Appellant
Versus
Badri Bai W/o Shri Bhanwar Lal
----Respondent
For Appellant(s) : Mr. Tej Prakash Sharma
For Respondent(s) : Mr. Vinay Mathur
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
20/05/2022
Heard counsel for both parties.
All appeals are admitted for hearing.
(2 of 3) [CMA-1598/2019]
In S.B. Civil Miscellaneous Appeal Nos.1598/2019 &
1599/2019:-
Both these appeals have been filed by Insurance Company.
Respondents-claimants have put in appearance and accept
notices on behalf of them.
Issue notice to remaining respondents for hearing of appeal.
In S.B. Civil Miscellaneous Appeal Nos.809/2019 &
842/2019:-
Both these appeals have been filed by claimants for
enhancement of compensation.
Learned counsel appearing on behalf of Insurance Company
accepts notices for hearing of appeal on behalf of Insurance
Company. The copies of memo of appeals have been provided to
him.
On request of counsel for appellants, service of notice upon
other respondents is dispensed with at the risk and consequences
of appellants.
Heard on stay application.
This Court vide order dated 30.07.2019 has stayed the
execution of impugned judgment and award on condition to
deposit the entire compensation amount by Insurance Company
giving a liberty to claimants to withdraw the 50% amount of
compensation on furnishing a solvent surety and undertaking and
remaining 50% amount has been ordered to be kept in FDRs.
Claimants have filed an application (I.A. No.1/2021) for
waiving of the condition of furnishing solvent surety and
undertaking as mentioned in the order dated 30.07.2019.
(3 of 3) [CMA-1598/2019]
It has been stated that claimants are not in a position to
furnish the solvent surety, hence no compensation has been
received as yet.
No reply to the application has been filed on behalf of
Insurance Company however, counsel for Insurance Company has
opposed the application orally.
Considering reasons mentioned in the application as also
considering the fact that Coordinate Bench has already waived the
pre-condition of furnishing a solvent surety and allowed
disbursement of compensation to claimants on furnishing their
undertaking only, this Court is of the opinion that the order dated
30.07.2019 deserves to be modified in the manner that pre-
condition of furnishing a solvent surety is waived. The
compensation amount to claimants may be disbursed in
compliance of order dated 30.07.2019 on furnishing the written
undertaking only by claimants.
It is made clear that disbursement of 50% compensation
amount in compliance of order dated 30.07.2019 to claimants
could be made through Saving Bank Account furnished by
claimants.
Stay application as well as any other pending application(s),
if any, stand(s) disposed of.
Record, if has been summoned, may be returned to the
Tribunal and it is made clear that the Tribunal after completing the
proceedings of disbursement would send the record to this Court.
(SUDESH BANSAL),J
SAURABH/102-105
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