Branch Manager Rajasthan State ... vs Faruddunisa W/O Wahid @ ...
2021 Latest Caselaw 988 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1996/2020

Branch Manager, Rajasthan State Road Transport Corporation
                                         ----Appellant/Non-claimant No.2
                                   Versus
Faruddunisa W/o Wahid @ Pyaremiyan & Ors.
                                                 ----Respondents/Claimants

For Appellant(s) : Mr. V.P. Mathur

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

30/01/2021

Heard learned counsel for the appellant/non-claimant No.2.

Admit.

Issue notice to the respondents/claimants of the appeal as

well as S.B. Civil Misc. Stay Application No.1757/2020.

Call for the record.

In the meantime, operation/execution of the impugned

judgment and award dated 22.01.2020 passed by the learned

Judge, Motor Accidents Caims Tribunal, Tonk (Raj.) shall remain

stayed with the condition that the appellant-Rajasthan State Road

Transport Corporation shall deposit the entire award amount

within a period of four weeks with the tribunal. The Tribunal is

directed to disburse 50% of the award amount to the claimants,

subject to their furnishing an undertaking on oath to the effect

that if the appellant-Rajasthan State Road Transport Corporation

ultimately succeeds in the appeal, the said amount shall be

refunded with interest from the date of disbursement till refunded.

(2 of 2) [CMA-1996/2020]

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. The amount invested in FDR

shall not be revoked without prior permission of this Court.

However, the recovery proceedings qua the appellant shall

remain stayed.

(GOVERDHAN BARDHAR),J

AARZOO ARORA /44

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