Rajasthan High Court - Jaipur
Reliance General Insurance Co Ltd vs Smt Shayamwati And Ors on 9 November, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2872/2018
Reliance General Insurance Company Limited, Alwar, Tehsil And
District Alwar, At Present At 'Man Upasana' 6 th Floor, Sardar Patel
Marg, C-Scheme, Jaipur Through Its Authorized Signatory,
[Insurance Company Of JCB No. RJ 40 EA 0008]
----Appellant
Versus
1. Smt. Shayamwati W/o Late Rati Ram,
2. Lokesh S/o Late Rati Ram
3. Akesh S/o Late Rati Ram,
[Claimant No. 2 To 3 Being Minor Represented Through
Natural Guardian Smt. Shayamwati,
All R/o Chandpur, Tehsil Kathumber, District Alwar
4. Harni Ram S/o Shri Panna Ram, aged about 66 years,
5. Smt. Lachho W/o Harni Ram,
Both R/o Village Chandpur, Tehsil Kathumber, District
Alwar Rajasthan
6. Mahendra S/o Shri Chand, R/o Village Burheda, Police
Station Khusheda, Tehsil Tijara, District Alwar Driver
7. Poswal Crane Service, Village Burheda, Tehsil Tijara,
District Alwar, Through Owner/proprietor Mehendrs S/o
Shri Chand (Owner)
8. Hema Autometiv P. Ltd, S.P., 17 A, RIICO Industrial Area
Neemrana, District Alwar, Office At Sachidanand Farm
House, Kishangarh Village Near Dda Sports Coomplex,
Vasant Kund, Delhi 70
----Respondents
For Appellant(s) : Mr.Rizwan Ahmed, Adv. For Respondent(s) : Mr.Ram Singh Rathore, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
09/11/2021
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(2 of 3) [CMA-2872/2018]
The matter comes up on an application No.1/2021 filed by the claimants for vacation of ex-parte stay order dated 12.07.2018 passed by this Court.
Learned counsel for the respondents-claimants submitted that this Court, while passing the ex-parte interim order dated 12.07.2018, had stayed the disbursement of the compensation amount to the claimants on the condition that appellant was to deposit the entire award amount within four weeks with the Tribunal from the date of order.
Learned counsel for the claimants submitted that the claimants include parents, wife, and children of the deceased and as such, they have lost their only bread earner in the accident and family of the deceased is in dire need of money.
Learned counsel appearing on behalf of the appellant- Insurance Company submitted that this Court after considering the prima-facie case in favour of the appellant, has stayed the disbursement of the compensation amount to the claimants and as such, there is no necessity to modify/vacate the ex-parte interim order.
I have heard learned counsel for the parties. This Court, after considering the facts of the case, deems it proper to modify the interim order dated 12.07.2018 and directs the Tribunal to disburse 25% of the amount in Savings Bank Account of the claimant-respondent No.1--wife of the deceased and 25% of the amount in Savings Bank Account of the claimant- respondent No.5--mother of the deceased, after taking an undertaking that the amount so paid to them will be subject to final outcome of the appeal and in case, the appeal of the (Downloaded on 10/11/2021 at 08:52:24 PM) (3 of 3) [CMA-2872/2018] Appellant-Insurance Company is allowed, the claimants would be required to refund the money back.
The rest 50% of the award amount will be kept in FDR for a period of one year and will be renewed from time to time.
Accordingly, the application stands disposed of.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav /86/Monika 39 (Downloaded on 10/11/2021 at 08:52:24 PM) Powered by TCPDF (www.tcpdf.org)