Magma Hdi General Insurance ... vs Bharat Lal S/O Shri Sawaliya ...
2022 Latest Caselaw 4551 Raj/2

                                              HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                          BENCH AT JAIPUR
                                                 S.B. Civil Miscellaneous Appeal No.1240/2022
                                   Magma Hdi General Insurance Company Ltd.,
                                                                                                       ----Appellant
                                                                         Versus
                                   Bharat Lal S/o Shri Sawaliya Gurjar
                                                                                                     ----Respondent

For Appellant(s) : Mr. C.S. Jodha, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

06/07/2022 Heard.

Issue notice to the respondents, returnable by

08.08.2022.

Necessary steps be taken within a week.

Call for the record of the court below.

In the meantime, operation/execution of the impugned

judgment and award dated 04.04.2022 passed by the Motor Accident

Claims Tribunal No.2, Jaipur Metropolitan First (for short, 'the

Tribunal') is stayed on the condition that the appellant shall deposit

the entire award amount within one month with the Tribunal. On

such deposit being made, the claimant shall be at liberty to withdraw

50% out of the said amount on his furnishing 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 refund. The remaining 50% of the

amount be invested in the FDR in a nationalised bank initially for a

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

(PRAKASH GUPTA),J

KuD/MR/1

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