Bharti Axa General Insurance ... vs Vimal Sharma S/O Shri J.P. Sharma
2021 Latest Caselaw 841 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 125/2021

Bharti Axa General Insurance Company Limited
                                                                  ----Appellant
                                   Versus
Vimal Sharma S/o Shri J.p. Sharma,
                                                                ----Respondent

For Appellant(s) : Mr. Virendra Agarwa (through VC) For Respondent(s) : Mr. Rajesh Kala with Ms. Sunita Sharama (for claimant)

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 respondent No.2.

Call for the record.

In the meantime, operation/execution of the impugned

judgment and award dated 17.12.2020 passed by the Motor

Accident Claims Tribunal No.1, Jaipur Metropolitan - II, 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 withdrawal till refund. The remaining 50%

(2 of 2) [CMA-125/2021]

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 Miscellaneous Appeal

No.168/2021.

(GOVERDHAN BARDHAR),J

Dheeraj /43

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