The New India Assurance Company ... vs Gargi Poonia Wife Of Late Sunil ...
2022 Latest Caselaw 6533 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2565/2022

The New India Assurance Company Limited,
                                                                   ----Appellant
                                   Versus
Gargi Poonia Wife Of Late Sunil Takhar and Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Sanjay Singhal, Adv.

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

10/10/2022

Heard.

Issue notice to the respondents, returnable by

10.11.2022.

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 06.04.2022 and the amended order

dated 29.06.2022 passed by the Motor Accident Claims Tribunal,

Additional District Judge, Fatehpur Shekhawati, District Sikar (for

short, 'the Tribunal') are 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 claimants shall be at

liberty to withdraw 50% out of the said amount on their furnishing

a solvent security and 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

(2 of 2) [CMA-2565/2022]

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/19

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