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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Mukesh Rajpurohit, J
RELIANCE GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
SMT. HEMLATA JOSHI – Respondent
S.B. Civil Miscellaneous Appeal No. 2540/2025
| Table of Content |
|---|
| 1. challenge to the quantum of income assessment and urgency due to pending execution proceedings. (Para 1 , 2) |
| 2. admission of the appeal and issuance of notices to the respondents. (Para 3 , 4 , 5 , 6) |
| 3. grant of conditional stay subject to 75% deposit of the award amount and guidelines for disbursement. (Para 7 , 8 , 9 , 10 , 11) |
| 4. scheduling of the subsequent hearing. (Para 12) |
Order
1. Learned counsel for the appellant-insurance company submits that while deciding the claim petition, quantum of the income of the deceased was not properly assessed by the learned Tribunal and it is at higher side.
2. It is contended by learned counsel for the appellant that though record was called by this Court vide order dated 14.08.2025, but as per office report, the same is awaited, however, execution proceedings has already been initiated and it is at final stage, therefore, the appellant is having urgency in this matter.
3. The matter requires consideration.
4. Admit. Issue notice. Issue notice of stay application also.
5. Mr. Neeraj Kumar Gurjar puts in appearance and accepts notice on behalf of respondents Nos.1 to 7 (claimants).
6. Let notice be issued to respondent Nos.8 & 9 only, returnable within a period of eight weeks.
7. Meanwhile, effect and operation of the impugned judgment and award dated 24.03.2025 passed by the learned Judge, Motor Accident Claims, Tribunal Gulabpura, Bhilwara in Motor Accident Claim Case No.94/2022, shall remain stayed qua the appellant subject to the condition that the appellant - Insurance Company deposits 75% of the amount (with interest) awarded by the Tribunal vide award dated 24.03.2025 within a period of eight weeks.
8. The deposited amount be disbursed to the respondent-claimant in the manner and proportion as contemplated in the impugned judgment and award with the undertaking that if the appellant-insurance company succeeds, they shall refund the same along with interest in accordance with law.
9. The amount, if any, previously deposited by the appellant-insurance company, shall be adjusted towards the said amount.
10. Learned Tribunal is directed to send the record after disbursal of the award amount to the claimants. Office is directed to send remainder for record.
11. It is made clear that if the amount as directed by this Court is not deposited within the stipulated time, the respondent-claimants shall be free to proceed with the execution of the impugned award.
12. List this matter after eight weeks.
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