Bajaj Allianz General Insurance ... vs Tejpal Son Of Kabul Singh
2021 Latest Caselaw 2066 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 320/2021

Bajaj Allianz General Insurance Company Limited
                                                                  ----Appellant
                                  Versus
Tejpal Son Of Kabul Singh & Ors.
                                                               ----Respondents

For Appellant(s) : Mr. Alok Garg

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

24/02/2021

In S.B. Civil Misc. Application No. 300/2021.

Application under Section 5 of Limitation Act seeking

condonation of delay in filing the appeal is allowed for the reasons

stated therein.

Delay in filing the appeal is condoned.

Heard on appeal as well as on stay application.

The appeal is admitted.

Issue notice to the respondents.

In the meantime, operation/execution of the impugned

judgment and award dated 26.08.2020 passed by Motor Accident

Claims Tribunal no. 1 Kothputli, district Jaipur 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, the claimant shall be at liberty to withdraw

50% out of the said deposit on his furnishing solvent surety and

an undertaking on oath to the effect that if the appellant-company

ultimately succeeds in the appeal, the said amount shall be

(2 of 2) [CMA-320/2021]

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 /23

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