The Oriental Insurance Company ... vs Smt. Rambhi Devi W/O Kailash Chand ...
2021 Latest Caselaw 1982 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 5978/2019

The Oriental Insurance Company Ltd.
                                                                   ----Appellant
                                   Versus
Smt. Rambhi Devi W/o Kailash Chand Meena
                                                                ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 1287/2020 Smt. Rambhi Devi W/o Kailash Chand Meena & anr.

----Appellants Versus Yogesh Kumar Meena S/o Jagdish Kumar Meena & ors.

----Respondents

For Appellant(s) : Mr. Satish Kumar Khandal For Respondent(s) : Mr. Girish Khandelwal

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

23/02/2021

In S.B. Civil Misc. Appeal no. 5978/2019

Mr. Girish Khandelwal has put his appearance on behalf of

the respondents no. 1 & 2.

Office is directed to show his name in cause-list.

Issue notice to respondents no. 3 & 4 only, returnable within

four weeks.

Necessary steps be taken within a week.

In the meantime, operation/execution of the impugned

judgment and award dated 07.08.2019 passed by the Motor

Accidents Claims Tribunal, Alwar is stayed on the condition that

the appellant-company shall deposit the entire award amount

within one month with the Tribunal. On such deposit being made,

(2 of 2) [CMA-5978/2019]

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

deposit on their furnishing an undertaking on oath to the effect

that if the appellant-company ultimately succeeds in the appeal,

the said 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.

In S.B. Civil Misc. Appeal no. 1287/2020

Mr. Satish Kumar Khandal has put his appearance on behalf

of the respondent no. 3.

Office is directed to show his name in the cause-list

Issue notice to the respondents no. 1 & 2 only, returnable

within four weeks.

Necessary steps be taken within a week.

(CHANDRA KUMAR SONGARA),J

CHHAYA AWASTHI /20-21

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