The New India Assurance Co. Ltd vs Smt. Anita Gupta W/O Shri Subhash ...
2021 Latest Caselaw 2821 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1183/2021

The New India Assurance Co. Ltd
                                                                  ----Appellant

                                  Versus

Smt. Anita Gupta W/o Shri Subhash Kumar Gupta & Ors.
                                                               ----Respondents

For Appellant(s) : Mr. Rishipal Agarwal with Mr. Vimal Yadav

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

12/07/2021

Heard.

Admit.

Issue notice.

Operation/execution of the impugned judgment and

award dated 09.04.2021 passed by the Motor Accidents Claim

Tribunal and Essential Commodities Act, Jaipur Metropolitan Jaipur

II is stayed on the condition that the appellant deposits the entire

award amount within four weeks with the Tribunal. On such

deposit being made, the claimants shall be at liberty to withdraw

50% out of the said deposit on their furnishing solvent surety and

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 its realization. The remaining 50% of the award

(2 of 2) [CMA-1183/2021]

amount be invested in the FDR in a nationalized bank for a period

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

Stay application stands disposed of.

(CHANDRA KUMAR SONGARA),J

Satyendra/30

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