Piyush S/O Shri Vinod, Minor ... vs United India Insurance Company ...
2022 Latest Caselaw 7264 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 2399/2022

Piyush S/o Shri Vinod
                                                                   ----Appellant
                                   Versus
United India Insurance Company Limited & Anr.
                                                                ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No.2012/2022 United India Insurance Company Ltd., Through T.P. Hub, IInd Floor, Saffire Centre, Opposite New Passport Office, Jaipur (Raj.)

----Appellant Versus

1. Piyush S/o Shri Vinod, Aged About 14 Years, Since Minor Through Father Vinod, R/o Village Matsura, Tehsil Bari, District Dholpur.

2. Pintu Rana S/o Shri Lal Singh, R/o Ward No.1, Jirauli Tehsil And District Dholpur, Rajasthan (Owner Vehicle No. RJ-11-SH-0102)

----Respondents

For Appellant(s) : Mr. Dinesh Kumar Garg, Adv.

(respondent in CMA No.2012/2022) For Respondent(s) : Mr. Rajeev Bhushan Bansal, Adv.

(appellant in CMA No.2012/2022) Mr. Anil Jain, Adv.

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

15/11/2022

S.B. Civil Misc. Appeal No. 2399/2022 :-

The appeal is admitted for hearing.

Respondent No.1-United India Insurance Company Limited

has already appeared.

(2 of 2) [CMA-2399/2022]

Respondent No.2 is already appearing in connected S.B. Civil

Misc. Appeal No.2012/2022. Hence, there is no need for further

notice to respondent No.2.

Appellant would supply a copy of memo of the appeal to

learned counsel for respondent No.2 also.

Reminder be sent for Lower Court record.

S.B. Civil Miscellaneous Appeal No.2012/2022:-

The Motor Accident Claim Tribunal has awarded

compensation of Rs.5,76,363/- by the impugned judgment/award

dated 25.05.2022.

The Insurer has challenged the award. By order dated

25.05.2022, operation of the impugned award was stayed on

condition that the appellant Insurance Company would deposit the

entire amount. The Insurance Company has already deposited the

entire award amount.

I.A. No.01/2022 is an application of claimant-respondent

No.1 for disbursement of the deposited claim amount for the

reason that respondent No.1 is incurring medical expenses.

Let 50% of the award amount be paid to respondent No.1 on

undertaking executed by father of respondent No.1 as respondent

No.1 is a minor, that in the event of quashing of the award, he

would repay the withdrawn amount.

The Lower Court shall send the record after disbursement of

the aforesaid amount.

Application (I.A. No.01/2022) stands disposed of.

(BIRENDRA KUMAR),J

Ashwani/-55-56

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