The Oriental Insurance Company ... vs Trilok S/O Late Shri Chotu
2021 Latest Caselaw 1857 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 178/2021

The Oriental Insurance Company Limited & Anr.
                                                                    ----Appellants
                                    Versus
Trilok S/o Late Shri Chotu & 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.

154/2021.

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. 178/2021

Admit.

Issue notice.

In S.B. Civil Misc. Stay Application No. 126/2021.

In the meantime, operation/execution of the impugned

judgment and award dated 10.08.2020 passed by the Motor

Accident claims Tribunal, Tonk is stayed on the condition that the

appellants 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 appellants ultimately succeed in the appeal, the said

(2 of 2) [CMA-178/2021]

amount shall be refunded with interest @ 6% 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 /18

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