Tata A.I.G. General Insurance ... vs Chandrashekhar S/O Mangturam
2023 Latest Caselaw 359 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 17/2023

 Tata A.i.g. General Insurance Company Ltd.,
                                                                   ----Appellant
                                    Versus
 Chandrashekhar S/o Mangturam
                                                                 ----Respondent

For Appellant(s) : Mr. Chanderdeep Singh Jodha, Adv. For Respondent(s) : Mr. Vinay Mathur, Caveaton behalf of

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/01/2023

Mr. Vinay Mathur, Adv. puts in appearance on caveat on

behalf of respondent Nos.1 to 4. His name be shown in the cause

list.

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

as well as of the stay application.

List after four weeks.

In the meantime, operation/execution of the impugned

judgment and award dated 17.10.2022 passed by the Motor

Accidents Claims Tribunal, Kishangarhbas, Alwar (Court Additional

District Judge, No.1, Kishangarhbas, Alwar) in Claim Petition

No.12/2018 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

(2 of 2) [CMA-17/2023]

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.

The tribunal is directed to send the record to this Court

after disbursement of the amount.

(NARENDRA SINGH DHADDHA),J

Gourav/48

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