The New India General Assurance ... vs Mitthu Kanwar W/O Late Shankar ...
2021 Latest Caselaw 821 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2893/2020

The New India General Assurance Co.ltd,
                                                                   ----Appellant
                                   Versus
 Mitthu Kanwar W/o Late Shankar Singh and Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Rishipal Agarwal For Respondent(s) :

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

27/01/2021

Heard learned counsel for the appellant. Admit.

Notice of appeal as well as stay application be issued to

the respondents.

Call for the record.

In the meantime, operation/execution of the impugned

judgment and award dated 24.7.2020 passed by the Additional

District & Sessions Judge & Motor Accidents Claim Tribunal, Dudu,

Jaipur District, Jaipur 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 claimant shall be at

liberty to withdraw 50% out of the said amount on his furnishing

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% per annum from the date of

(2 of 2) [CMA-2893/2020]

withdrawal till refund. The remaining 50% of the amount be

invested in the FDR in a nationalised bank with the direction for a

period of one year which shall be renewed from time to time.

List along with S.B. Civil Misc. Appeal No.2803/2020.

(GOVERDHAN BARDHAR),J

Dheeraj /38

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