The Oriental Insurance Company ... vs Smt. Mamta Bai W/O Late Phoolchand
2023 Latest Caselaw 244 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                               S.B. Civil Miscellaneous Appeal No. 3356/2022
                                   The Oriental Insurance Company Limited
                                                                                                       ----Appellant
                                                                      Versus
                                   Smt. Mamta Bai W/o Late Phoolchand & ors.
                                                                                                   ----Respondents[;

For Appellant(s) : Mr. Lokesh Parihar, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

09/01/2023

Issue notice of the appeal as well as stay application to

respondents.

List after four weeks.

In the meantime, operation/execution of the impugned

judgment and award dated 11.10.2022 passed by the Motor

Accident Claims Tribunal, Sawaimadhopur (Raj.) in M.A.C.T. Case

No.100/2021 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 respondents

Nos.1 to 6 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 amount be invested in FDR of a Nationalised Bank for a

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

(NARENDRA SINGH DHADDHA),J

Gourav/51

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