National Insurance Company Ltd vs Smt. Deepika W/O Late Suresh Kumar ...

Citation : 2022 Latest Caselaw 4400 Raj/2
Judgement Date : 1 July, 2022

Rajasthan High Court
National Insurance Company Ltd vs Smt. Deepika W/O Late Suresh Kumar ... on 1 July, 2022
Bench: Prakash Gupta
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1353/2022

National Insurance Company Ltd.
                                                                   ----Appellant
                                   Versus
Smt. Deepika W/o Late Suresh Kumar Sharma and Ors.
                                                                ----Respondents

For Appellant(s) : Mr. VP Mathur, Advocate For Respondent(s) : Mr. Jagmeet Singh, Advocate for Mr. Nishant Sharma, Advocate for respondents No. 1 to 3 HON'BLE MR. JUSTICE PRAKASH GUPTA Order 01/07/2022 Heard.

Mr. Jagmeet Singh, Advocate for Mr. Nishant Sharma, Advocate puts his appearance on caveat for respondents No. 1 to 3, hence fresh notice need not be issued to them.

Let notice be issued to the other respondents only. Record be called for.

List on 04.08.2022.

In the meantime, operation/execution of the impugned judgment and award dated 21.04.2022 passed by the Judge, Motor Accident Claims Tribunal and Essential Commodities Act, Jaipur Metropolitan Second, Jaipur is stayed on the condition that the appellant shall deposit the entire award amount within one month from today with the Tribunal concerned. On such deposit being made, the claimants shall be at liberty to withdraw 50% out of the said amount on their furnishing a solvent security and an (Downloaded on 07/07/2022 at 09:10:18 PM) (2 of 2) [CMA-1353/2022] undertaking on oath to the effect that if the appellant ultimately succeeds in the appeal, the said amount shall be refunded by them to the appellant with interest @ 6% per annum from the date of withdrawal till refund. Remaining 50% of the amount be invested in the FDR in a nationalised bank initially for a period of two years which shall be renewed from time to time.

(PRAKASH GUPTA),J MR/KuD/12 (Downloaded on 07/07/2022 at 09:10:18 PM) Powered by TCPDF (www.tcpdf.org)