The Oriental Insurance Company ... vs Smt. Hemlata W/O Shri Arun Kumar
2021 Latest Caselaw 1856 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 207/2021

The Oriental Insurance Company Limited
                                                                    ----Appellant
                                    Versus
Smt. Hemlata W/o Shri Arun Kumar & ors.
                                                                 ----Respondents

For Appellant(s) : Mr. Satish Kumar Khandal

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

18/02/2021

In S.B. Civil Misc. Limitation Application No. 180/2021.

Application under section 5 of the Limitation Act is allowed

for the reasons stated therein.

Delay in filing the appeal is condoned.

In S.B. Civil Misc. Appeal No. 207/2021

Admit.

Issue notice.

In S.B. Civil Misc. Stay Application No. 155/2021.

In the meantime, operation/execution of the impugned

judgment and award dated 02.09.2020 passed by the Motor

Accident Claims Tribunal No. 2, Jaipur Metropolitan is stayed on

the condition that the appellant shall deposit the entire award

amount within one month with the Tribunal. On such deposit being

made, the claimants shall be at liberty to withdraw 50% out of the

said deposit on their furnishing solvent surety and an undertaking

on oath to the effect that if the appellant ultimately succeeds in

the appeal, the said amount shall be refunded with interest @ 6%

(2 of 2) [CMA-207/2021]

per annum from the date of withdrawal till refund. The remaining

50% of the award amount be invested in the FDR in a nationalized

bank for a period of one year which shall be renewed from time to

time.

(CHANDRA KUMAR SONGARA),J

CHHAYA AWASTHI /19

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