National Insurance Company Ltd vs Smt. Deepika W/O Late Suresh Kumar ...
2022 Latest Caselaw 4399 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1354/2022

National Insurance Company Ltd.
                                                                  ----Appellant
                                   Versus
Smt. Deepika W/o Late Suresh Kumar Sharma and Ors.
                                                                ----Respondent

For Appellant(s) : Mr. VP Mathur, Advocate For Respondent(s) : Mr. Jagmeet Singh, Advocate for Mr. Nishant Sharma, Advocate for

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

01/07/2022

Heard.

Mr. Jagmeet Singh, Advocate for Mr. Nishant Sharma,

Advocate puts his for respondent No. 1, hence fresh notice need

not be issued to her.

Let notice be issued to other respondents only.

Record be called for.

List on 04.08.2022.

In the meantime, operation/execution of the impugned

judgment and award dated 21.04.2022 passed by the Judge,

Motor Accident Claims Tribunal and Essential Commodities Act,

Jaipur Metropolitan Second, Jaipur is stayed on the condition that

the appellant shall deposit the entire award amount within one

month from today with the Tribunal concerned. On such deposit

being made, the claimant shall be at liberty to withdraw 50% out

of the said amount on her furnishing a solvent security and an

(2 of 2) [CMA-1354/2022]

undertaking on oath to the effect that if the appellant ultimately

succeeds in the appeal, the said amount shall be refunded by her

to the appellant with interest @ 6% per annum from the date of

withdrawal till refund. Remaining 50% of the amount be invested

in the FDR in a nationalised bank initially for a period of two years

which shall be renewed from time to time.

(PRAKASH GUPTA),J

MR/KuD/12

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