S.B.I. General Insurance Company ... vs Smt. Rani W/O Late Shri Chatur ...
2023 Latest Caselaw 241 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2098/2022

S.b.i. General Insurance Company Ltd.,
                                                                       ----Appellant
                                   Versus
Smt. Rani W/o Late Shri Chatur Singh @ Banti
                                                                     ----Respondent

For Appellant(s) : Mr. Virendra Agarwal For Respondent(s) : Mr. Akshat Chaudhary for Mr. Santosh Kumar Soni

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

09/01/2023

Matter comes up on an application (1/2022) filed by the

respondents-claimants for vacation of the stay order dt. 27.8.2022

passed by this court and disbursement of the amount.

Learned counsel for the respondent-claimant submits that

this court vide order dt. 27.8.2022 while issuing notices to the

respondents, stayed operation/execution of the judgment

dt.14.6.2022 passed by Workmen Compensation Commissioner on

the condition of deposition of entire awarded amount in the court

as per the judgment and award dt. 14.6.2022 and the said award

amount was further directed to be deposited in any Nationalised

Bank. He further submits that pursuant to the order dt. 27.8.2022

the appellant has deposited the aforesaid amount but the said

amount has been disbursed to the respondents-claimants, due to

which they are facing great financial hardship and have been

deprived from the fruits of the awarded amount. He has prayed to

(2 of 2) [CMA-2098/2022]

disburse the award amount in favour of the claimants-

respondents.

On the other hand, learned counsel for the Insurance

Company has opposed the same.

Taking into consideration the facts and circumstances of the

case, it is directed that out of the award amount so deposited by

the Insurance Company, 50% amount be released in favour of the

respondents-claimants paid to them on their furnishing an

undertaking on oath to the effect that if the appellant ultimately

succeeds in the appeal, the said amount shall be refunded by

them alongwith interest @ 12% per annum from the date of

withdrawal till refund. The remaining 50% of the award amount

shall remain in FDR as per order dt.27.8.2022 passed by this

court.

The order dt.27.8.2022 stands modified and the application

stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Brijesh 26.

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