Iffco Tokio General Insurance ... vs Kailash Kanwar W/O Late Bhinv ...
2022 Latest Caselaw 1899 Raj/2

                                              HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                          BENCH AT JAIPUR

                                                S.B. Civil Miscellaneous Appeal No. 402/2022
                                    Iffco Tokio General Insurance Company Limited
                                                                                                       ----Appellant
                                                                        Versus
                                    Kailash Kanwar W/o Late Bhinv Singh and Ors.
                                                                                                     ----Respondent

For Appellant(s) : Mr. Yashdeep Singh, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

02/03/2022 Heard learned counsel for the appellant.

Issue notice to the respondents, returnable by 11.04.2022.

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 23.11.2021 passed by the Motor Accident

Claims Tribunal, Sikar (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

her 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 @ 7% 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/9

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