Rajasthan High Court - Jaipur
Regional Manager, Tata Aig General ... vs Kunti Devi S/O Late Shri Rohitash on 5 January, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 144/2020
Regional Manager, Tata Aig General Insurance Co. Ltd.
----Appellant
Versus
Kunti Devi S/o Late Shri Rohitash & Ors.
----Respondents
For Appellant(s) : Mr. Rizwan Ahmed, through VC For Respondent(s) : Mr. Pradeep Mathur, through VC Mr. Ashok Verma, through VC HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/01/2022 The matter has come up on an application filed by the respondents for vacation of stay order dated 04.03.2020.
This is the appeal filed by the Insurance Company assailing the judgment and award dated 24th October, 2019, whereby and whereunder the Commissioner, Workman Compensation, Jaipur has passed compensation of Rs.3,15,930/- along with interest @12% per annum.
The appellant has deposited the entire amount of compensation before the Commissioner, Workman Compensation, Jaipur in compliance of the order dated 04.03.2020.
Heard learned counsel appearing for both the parties. This appeal is admitted for hearing on the following substantial question of law:-
"whether the impugned award stands contrary to the terms of the contract of insurance, arrived at between the insurance company and insurer?" (Downloaded on 07/01/2022 at 09:28:43 PM)
(2 of 2) [CMA-144/2020] Notices need not be issued as counsel puts in appearance on behalf of all the respondents.
Service is complete.
Record has already been summoned.
Put up in due course.
Heard on the stay application and the application for vacation of stay order as well.
Since the appellant has deposited entire amount of compensation along with interest, it is directed that out of such deposited amount, 50% of the total amount of compensation so deposited, shall be disbursed to the respondents-claimants on furnishing the written undertaking that in case the appellant succeeds in the appeal they will restitute the amount received by them along with the same rate of interest. Remaining 50% amount shall be deposited in the FDR, initially for a period of three years renewable from time to time. The disbursement of remaining amount shall be subject to final outcome of the appeal. The stay as well as the application for vacation of stay stand disposed of.
(SUDESH BANSAL),J SAURABH/55 (Downloaded on 07/01/2022 at 09:28:43 PM) Powered by TCPDF (www.tcpdf.org)