United India Insurance Co. Ltd vs Lokendra Singh
2022 Latest Caselaw 7799 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 763/2022

United India Insurance Co. Ltd., Divisional Manager, Divisional Office, Residency Road, Through Branch Manager United India Insurance Company Limited Mandia Road, Pali (Raj.) Through Tp Hub Incharge United India Insurance Company, Main Pal Road, Jodhpur. (Insurer Of Motor Cycle No. Rj 22 Sb 8105)

----Appellant Versus

1. Lokendra Singh S/o Ummed Singh, Aged About 9 Years, Minor Through Natural Guardian Res. No. 2 Kishore Singh S/o Ladu Singh. B/c Rajput, R/o Surayatra Tehsil Sojat, Distt. Pali, Rajasthan.

2. Sh. Kishore Singh S/o Sh. Ladu Singh, Aged About 40 Years, B/c Rajput, R/o Surayatra Tehsil Sojat, Distt. Pali, Rajasthan.

3. Sh. Rajaram S/o Sh. Gevarram, R/o 103 Kumharo Ka Bas, Basni Jodhraj, Tehsil Sojat, Distt. Pali, Raj. (Driver And Owner Motor Cycle No. Rj 22 Sb 8105)

----Respondents

For Appellant(s) : Mr. Mahesh Joshi For Respondent(s) : Mr. JP Bhardwaj

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

24/05/2022

Heard.

Admit.

Mr. JP Bhardwaj, learned counsel having entered caveat

accepts notice on behalf of the respondents Nos. 1 and 2.

Let notices be issued to respondent No. 3 alone, returnable

six weeks.

Call for the record.

(2 of 2) [CMA-763/2022]

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 and 2

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 two months, the recovery of the remaining amount

under the impugned award dated 14.2.2022 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 106-neha/-

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