Royal Sundaram Alliance ... vs Omprakash Alias Prakash S/O Shri ...
2023 Latest Caselaw 240 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3478/2022

Royal Sundaram Alliance Insurance Company Ltd.,
                                                                  ----Appellant
                                   Versus
Omprakash Alias Prakash S/o Shri Hanuman Prasad,
                                                                ----Respondent

For Appellant(s)          :    Mr. C.S. Jodha
For Respondent(s)         :    Mr. Paras Jain for Mr. Pradeep Mathur
                               for respondents No.1 in CMA
                               3478/2022

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

09/01/2023

Application under Section 5 of Limitation Act is allowed for

the reasons mentioned therein and the delay of 26 days in filing

the appeal is condoned.

Mr. Paras Jain, Advocate for Mr. Pradeep Mathur Advocate

appears for respondent No.1.

Issue notice to the respondent No.2 of the appeal as well as

stay application.

List after four weeks.

In the meantime, operation/execution of the impugned

judgment and award dated 8.8.2022 passed by Motor Accident

Claim Tribunal No.3, Kotputli, District Jaipur in M.A.C. Case

No.287/2022 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 claimant-

respondent shall be at liberty to withdraw 50% of the said amount

(2 of 2) [CMA-3478/2022]

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 by him alongwith interest @ 6% per annum from the

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

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

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

(NARENDRA SINGH DHADDHA),J

Brijesh 30

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