National Insurance Company Ltd vs Smt. Hansa Devi W/O Late Rajesh ...
2021 Latest Caselaw 5518 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 1051/2021

National Insurance Company Ltd., Branch Office Jatiya Bazar,
Sikar, Through Its Manager, Having Its Regional Office At Jaipur,
(Raj.)
                                                                    ----Appellant
                                    Versus
1.       Smt. Hansa Devi W/o Late Rajesh Kumar, Age about 25
         years,
2.       Mali Ram S/o Sadhuram, Age about 59 years
3.       Smt. Mewa Devi W/o Maliram, Age about 57 years,
         All Resident Of Village-Mandusya, Via Ajeetgarh, Tehsil
         Srimadhopur, District Sikar (Raj.)
4.       Harphool Singh S/o Rudmal Badhala, Resident Of Ward
         No. 4, Dhani Badhalawali, Jalpali, Srimadhopur, Sikar
         (Raj.) (Driver Of Vehicle)
5.       Dharampal     Meena         S/o      Ramswaroop,          Resident   Of
         Govindpura, Tehsil Meemkathana, District Sikar (Raj.)
         (Owner Of Vehicle)
                                                                 ----Respondents

For Appellant(s) : Mr. Lokesh Parihar, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

01/10/2021

Issue notice of the appeal as well as stay application,

returnable within five weeks.

In the meanwhile, the effect and operation of the judgment

dated 26.02.2021, passed by the Motor Accident Claims Tribunal

Srimadhopur, District Sikar, shall remain stayed on the condition of

depositing the entire award amount by the appellant-Insurance

Company, within a period of five weeks.

(2 of 2) [CMA-1051/2021]

On depositing the said amount, the claimants would be

entitled for disbursement of 50% of the amount in their Savings

Bank Account, after taking an undertaking that the amount, so

paid, will be subject to final outcome of the appeal and in case,

the appeal of the appellant-Insurance Company is allowed, the

claimants would be required to refund the money back.

The rest 50% of the award amount, to be deposited by the

appellant-Insurance Company, will be kept in FDR for a period of

one year and will be renewed from time to time.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86/Monika

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