National Insurance Company ... vs Smt. Kamla Devi W/O Late Kabbu ...
2023 Latest Caselaw 310 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3146/2022
National Insurance Company Limited,
                                                                  ----Appellant
                                   Versus
Smt. Kamla Devi W/o Late Kabbu Mehra
                                                                ----Respondent

For Appellant(s) : Mr. Vinod Tyagi, Adv. For Respondent(s) : Mr. Ritesh Jain, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

10/01/2023

Application under Section 5 of Limitation Act is allowed

for the reasons mentioned therein and delay of 14 days in filing

the appeal is condoned.

Mr. Ritesh Jain, Advocate has filed his Vakalatnama for

respondent Nos.1 to 4.

Issue notice to the respondent Nos.5 and 6 of the

appeal as well as of the stay application.

List after eight weeks.

In the meantime, operation/execution of the impugned

judgment and award dated 04.08.2022 passed by the Motor

Accident Claims Tribunal, Dausa in Claim Case No.182/2019 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-claimants 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

(2 of 2) [CMA-3146/2022]

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.

The tribunal is directed to send the record to this Court

after disbursement of the amount.

(NARENDRA SINGH DHADDHA),J

Gourav/4

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