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2022 Supreme(Raj) 2658
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Rekha Borana, J.
Bhagirathram & Ors. – Appellant
Versus
Suman & Ors. – Respondent
S.B. Civil Miscellaneous Appeal No. 1462 of 2019
Decided On : 15-12-2022
K.R. Choudhary, Advocate, Dhanpat Choudhary, Advocate
The court has the discretion to stay execution proceedings subject to the debtor's agreement to pay the awarded amount in installments.
Headnote:
Liability - Insurance - Court stays execution proceedings pending the owner's payment of the award amount in installments
Fact of the Case:
The owner of the vehicle appealed against the award exonerating the Insurance Company from liability but directing payment to the claimants and recovery from the owner and driver. The Insurance Company satisfied the award and filed an execution petition against the owner.
Finding of the Court:
The court stayed the execution proceedings, subject to the owner paying the award amount in four installments to the Insurance Company.
Issues:
Ratio Decidendi: The court's decision was influenced by the owner's willingness to pay the award amount in installments and the agreement of the Insurance Company to the proposal.
Final Decision: The stay petition was disposed of, and the execution proceedings remained stayed pending the owner's payment of the award amount in installments.
JUDGMENT
Rekha Borana, J. - The present appeal has been preferred by the owner of the vehicle against the award dated 09.02.2019 whereby the Insurance Company has been exonerated from the liability but has been directed to pay the amount to the claimants and recover from the owner and driver. In pursuance to the same, the Insurance Company has satisfied the award and preferred an execution petition against the owner.
1. Learned counsel for the appellant-owner submits that the owner is ready to pay the award amount i.e. Rs.14,23,741/- in four equal installments to the Insurance Company.
2. Learned counsel for the Insurance Company agrees to the said proposal.
3. In view of the submissions made, the execution proceedings pending in Execution Petition No.37/2020 as preferred by the Insurance Company shall remain stayed subject to the appellant paying the award amount in four installments to the Insurance Company. The first installment be paid within a period of one month from now vide an account payee cheque in the account of respondent No.4-Insurance Company. The further three installments be deposited after every two months vide the same mode.
4. The stay petition is disposed of.
