HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2945/2018 Shriram General Insurance Company Limited, having Its Corporate Office At E-8, Epip, Riico, Sitapura, Jaipur, Through Its Authorized Representative
1. Taju Khan @ Tajudeen S/o Shri Mehnukhan, R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.
2. Smt. Batul Bano W/o Sh. Taju Khan @ Tajudeen, R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.
3. Mst. Femida D/o Late Kalu Khan @ Fariyad, (Minor) Minor Represented Through Their Next Friend And Grand Father Shri Taju Khan @ Tajudeen. R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.
4. Mst. Feeja D/o Late Kalu Khan @ Fariyad, (Minor) Minor Represented Through Their Next Friend And Grand Father Shri Taju Khan @ Tajudeen. R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.
5. Padam Singh S/o Shri Kedarilal Mauriya, R/o Shakilapur Amarpuri Kashi, Tehsil Bilari, District Muradabad. (Up) (Driver)
6. Mohd. Kamil S/o Mohd. Khalil Rangrej, R/o Maszid Lane No. 4, Kasth Road, Hatharla, Tehsil And District Murabadabad (Up) (Owner)
7. Smt. Shabira W/o Sh. Rafiq Khan, Akhan Muslim, R/o Ward No. 10, Gangiyasar, Tehsil Malsisar, District Jhunjhunu.
----Respondents For Appellant(s) : Mr. Jagdish Vyas For Respondent- : Mr. Rajesh Panwar with Mr. M.S. Soni claimants (2 of 2) [CMA-2945/2018] HON'BLE MR. JUSTICE P.K. LOHRA Order 02/11/2018 Admit.
Notices qua respondent-claimants and respondent No.7 are waived. Let notices be issued to respondent Nos. 5 & 6 only.
In the facts and circumstances of the case, execution of impugned award dated 30.08.2018 passed by Motor Accident Claims Tribunal, Bhadra, District Hanumangarh in Claim Case No.5/13 shall remain stayed subject to the condition that appellant-insurer shall deposit before the learned Tribunal 60% of the award amount with interest, inclusive of the amount already deposited, within a period of four weeks from today. The said amount may be disbursed to the respondent-claimants by the learned Tribunal in accordance with law.
(P.K. LOHRA),J Bharti/32 Powered by TCPDF (www.tcpdf.org)
In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.
In its earliest form a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canadaand Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for State elections) to local officials (High Sheriffs of every county in the historical UK) to hold a general election. Writs were used by the medieval English kings to summon persons to Parliament, (then consisting primarily of the House of Lords) whose advice was considered valuable or who were particularly influential, and who were thereby deemed to have been created “barons by writ“.