Cholamandalam Ms General ... vs Suraj Bai
2022 Latest Caselaw 11257 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 892/2022

Cholamandalam Ms General Insurance Co. Ltd.

----Appellant Versus Suraj Bai

----Respondent

For Appellant(s) : Mr. Jagdish Chandra Vyas For Respondent(s) : Mr. Ravi Panwar

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/09/2022

Heard.

Admit.

Mr. Ravi Panwar has put in his appearance on behalf of

claimant-respondents Nos.1 to 6.

Issue fresh notice to the respondents Nos.7 & 8. Issue notice

of stay application as well.

Let record be summoned from the Tribunal.

Heard on stay application.

By way of filing the instant appeal, the appellant-insurer has

challenged the legality and correctness of the impugned award

dated 23.02.2022 passed by the learned Tribunal mainly on the

ground that vehicle No.RJ27 C 9546 was actually not involved in

the accident and a false story has been concocted in order to get

the compensation. There are specific averments in the written

statement and the same were asserted during the trial.

In view of the above discussion, this court deems it just and

appropriate that if the appellant deposits 60 per cent of the

(2 of 2) [CMA-892/2022]

compensation as awarded by the learned Tribunal along with

interest within a period of two months from today, the execution

and recovery or the rest amount shall be stayed.

It is made clear that manner and proportion of the

disbursement shall remain same, as mentioned in the impugned

judgment by the learned Tribunal.

It is further made clear that any amount deposited

previously by the appellant, shall be adjusted towards the said

amount.

(FARJAND ALI),J 15-Samvedana/-

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