HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3478/2022
Royal Sundaram Alliance Insurance Company Ltd.,
----Appellant
Versus
Omprakash Alias Prakash S/o Shri Hanuman Prasad,
----Respondent
For Appellant(s) : Mr. C.S. Jodha
For Respondent(s) : Mr. Paras Jain for Mr. Pradeep Mathur
for respondents No.1 in CMA
3478/2022
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/01/2023 Application under Section 5 of Limitation Act is allowed for the reasons mentioned therein and the delay of 26 days in filing the appeal is condoned.
Mr. Paras Jain, Advocate for Mr. Pradeep Mathur Advocate appears for respondent No.1.
Issue notice to the respondent No.2 of the appeal as well as stay application.
List after four weeks.
In the meantime, operation/execution of the impugned judgment and award dated 8.8.2022 passed by Motor Accident Claim Tribunal No.3, Kotputli, District Jaipur in M.A.C. Case No.287/2022 is stayed on condition that the appellant shall deposit entire award amount with the Tribunal concerned within a month from today. On such deposit being made, the claimant- respondent shall be at liberty to withdraw 50% of the said amount (Downloaded on 12/01/2023 at 12:03:27 AM) (2 of 2) [CMA-3478/2022] on his furnishing an undertaking on oath to the effect that if the appellant ultimately succeeds in the appeal, the said amount shall be refunded by him alongwith interest @ 6% per annum from the date of withdrawal till refund. The remaining 50% of the award amount be invested in FDR of a Nationalised Bank initially for a period of one year which shall be renewed from time to time.
(NARENDRA SINGH DHADDHA),J Brijesh 30 (Downloaded on 12/01/2023 at 12:03:27 AM) Powered by TCPDF (www.tcpdf.org)