National Insurance Co. Ltd vs Kanta
2021 Latest Caselaw 4797 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Misc. Appeal No. 1018/2020

National Insurance Co. Ltd., Commercial Colony, Dahod Road, Banswara, Tehsil and District Banswara through its Authorised Signatory at "Sun Tower", 3rd & 4th Floor, Pal Road, Jodhpur (Insurer of Dumper No. RJ-03-GA-0066)

----Appellant Versus

1. Nathu @ Nathu Lal S/o Shri Jaliya, aged about 51 years, B/c Bheel, R/o Vadlipada, Manji (Chhapariya), Tehsil Ambapura, District Banswara.

2. Harji S/o Bherji, R/o Badrel, Tehsil Ambapura, District Banswara (Driver Dumper No. RJ-03-GA-0066)

3. Ritesh Jain S/o Banshi Lal, B/c Jain, R/o 2/21, Khandu Colony, Banswara (Owner Dumper No. RJ-03-GA-0066)

----Respondents Connected With S. B. Civil Misc. Appeal No. 1017/2020 National Insurance Co. Ltd.

----Appellant Versus Kanta & ors.

----Respondents

For Appellant(s) : Mr. Santosh Choudhary For Respondent(s) : Mr. Shambhoo Singh

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/02/2021

S. B. Civil Misc. Appeal No. 1018/2020

Admit.

(2 of 2) [CMA-1018/2020]

Issue notice. Issue notice of the stay application also. Rule is

made returnable within six weeks.

In the meanwhile and till next date, the effect and operation

of the impugned judgment and award dated 17.12.2019 passed

by learned Judge, Motor Accident Claims Tribunal, Banswara in

Motor Accident Claim Case No. 219/2017 shall remain stayed qua

the appellant-Insurance Company provided that the appellant-

Insurance Company deposits 60% of the total awarded sum after

taking into account deposit already made, if any, with the learned

Tribunal concerned within a period of one month from today.

Upon deposition of the aforesaid amount, the same may be

disbursed to the respondent No. 1 - claimant in terms of the

Tribunal's directions, subject to his furnishing an undertaking that

in case, the appeal filed by the appellant-Insurance Company is

allowed, he will refund back the said sum with interest @ 6% per

annum.

S. B. Civil Misc. Appeal No. 1017/2020

List along with S. B. Civil Misc. Appeal No. 1018/2020.

(VINIT KUMAR MATHUR),J

11-12-Inder/-

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