The Oriental Insurance Company ... vs Rajendra S/O Ram Singh
2021 Latest Caselaw 825 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2908/2020

The Oriental Insurance Company Ltd.
                                                                  ----Appellant
                                   Versus
Rajendra S/o Ram Singh
                                                                ----Respondent

For Appellant(s) : Mr. Pratap Singh Arya 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 22.7.2020 passed by the Motor

Accident Claims Tribunal, Tonk 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

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

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

(2 of 2) [CMA-2908/2020]

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

(GOVERDHAN BARDHAR),J

Dheeraj /39

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