Bajaj Allianz General Insurance ... vs Smt. Sardara Biwi W/O Sawan Kha
2023 Latest Caselaw 320 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3684/2022

Bajaj Allianz General Insurance Company Limited,
                                                                      ----Appellant
                                    Versus
Smt. Sardara Biwi W/o Sawan Kha & Ors.
                                                                 ----Respondents

For Appellant(s) : Mr. Chanderdeep Singh Jodha, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

10/01/2023

Issue notice to the respondents 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 30.09.2022 passed by Motor Accident

Claim Tribunal, Jaipur Metropolitan, Jaipur in M.A.C. Case

No.369/2017 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 to 5 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 initially

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

(2 of 2) [CMA-3684/2022]

Tribunal is directed to send the record to this Court after

disbursement of the amount.

(NARENDRA SINGH DHADDHA),J

Jatin /51

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