National Insurance Company Ltd vs Smt. Deepika W/O Late Suresh Kumar ...
2022 Latest Caselaw 4400 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1353/2022

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

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 appearance on caveat for respondents No. 1 to

3, hence fresh notice need not be issued to them.

Let notice be issued to the 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 claimants shall be at liberty to withdraw 50% out

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

(2 of 2) [CMA-1353/2022]

undertaking on oath to the effect that if the appellant ultimately

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

them 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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