United India Insurance Company ... vs Mahendra Bharti
2022 Latest Caselaw 12037 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1434/2022

United India Insurance Company Limited, Through Its Legally Constituted Authority, T.p. Hub, 74A, Bhati-N-Plaza, Pal Road, Jodhpur.

----Appellant Versus

1. Mahendra Bharti S/o Shri Bishan Bharti, R/o Bhartiyon Ka Math, Jalore, Tehsil And Distt. Jalore.

2. Champa Lal S/o Jhootha Ram Prajapat, R/o Village Revtada, Tehsil Sayala, Distt. Jalore, (Registered Owner)

----Respondents

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

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/09/2022

Shri Jagdish Vyas, learned counsel for the appellant has

apprised to this Court that due to inadvertence, a minor mistake

has occurred in the order dated 28.9.2022 wherein the date of

award has wrongly been mentioned as '31.10.2022' instead of

'31.3.2022'.

The mistake seems to have occurred due to typographical

error or inadvertence which needs to be rectified.

Thus, in the interest of justice, it is directed that suitable

correction be made in the order dated 28.9.2022 and the order

dated 28.9.2022 shall be read as under:-

Heard.

Admit.

(2 of 2) [CMA-1434/2022]

Issue notice of the appeal as well as stay application to the

respondents.

Call for record.

Heard on ad-interim stay.

If the appellant deposits 60 per cent of the compensation as

awarded by the learned Tribunal vide order dated 31.03.2022

passed by Motor Accident Claims Tribunal-Cum-Family Court,

Jalore in Motor Accident Claim Case No.112/2017 (CIS

No.112/2017) along with interest within a period of two months

from today, the execution and recovery for 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 and any amount deposited

previously by the appellant, shall be adjusted toward the said

amount.

This order shall be treated as part and parcel of order dated

28.9.2022.

(FARJAND ALI),J S-RP/-

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