Bharti Axa General Insurance ... vs Sharvan Kumar Swami S/O Bhagwan ...
2023 Latest Caselaw 178 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2412/2022

Bharti Axa General Insurance Company Limited,
                                                                   ----Appellant
                                   Versus
Sharvan Kumar Swami S/o Bhagwan Sahay(Father Of Deceased)
& Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Chanderdeep Singh Jodha, Adv. For Respondent(s) : None for respondent Nos.1 and 2.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

05/01/2023

Mr. Vipul Khandelwal, Adv. has filed a caveat on behalf of

respondent Nos.1 and 2.

Issue notice to the respondent Nos.3 and 4 of the appeal as

well as of the stay application.

List after six weeks.

In the meantime, operation/execution of the impugned

judgment and award dated 14.07.2022 passed by the Motor

Accident Claim Tribunal, Chomu in Claim Case No.20/2016 is

stayed on condition that the appellant shall deposit entire award

amount with the Tribunal concerned within a month from today.

On such deposit being made, the respondent Nos.1 and 2 shall be

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

an undertaking on oath to the effect that if the appellant

ultimately succeeds in the appeal, the said amount shall be

refunded by them alongwith interest @ 6% per annum from the

date of withdrawal till refund. The remaining 50% of the award

(2 of 2) [CMA-2412/2022]

amount be invested in FDR of a Nationalised Bank initially for a

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

The tribunal is directed to send the record to this Court after

disbursement of the amount.

(NARENDRA SINGH DHADDHA),J

Jatin /40

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