The Oriental Insurance Company ... vs Smt. Hemlata W/O Late Shri Ashok ...
2023 Latest Caselaw 360 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2735/2022
The Oriental Insurance Company Limited
                                                                  ----Appellant
                                   Versus
Smt. Hemlata W/o Late Shri Ashok Bansal
                                                                ----Respondent

For Appellant(s) : Mr. Vimal Sharma, Adv. For Respondent(s) : Mr. Santosh Kumar Soni, Adv. on

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/01/2023

Heard.

Application under Section 5 of Limitation Act is allowed

for the reasons mentioned therein and delay of 7 days in filing the

appeal is condoned.

Mr. Santosh Kumar Soni, Adv. has put his appearance

on behalf of respondent Nos.1 to 4.

At the request of learned counsel for the appellant,

service of notice on respondent Nos.5 and 6 is dispensed with at

the risk of the appellant.

Hence, Service is complete.

List after four weeks.

In the meantime, operation/execution of the impugned

judgment and award dated 04.06.2022 passed by the Motor

Accident Claims Tribunal, Bharatpur (Raj.) in MAC No.119/2016 is

stayed on condition that the appellant shall deposit entire award

amount with the Tribunal concerned within a month from today.

(2 of 2) [CMA-2735/2022]

On such deposit being made, the claimants-respondents 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.

(NARENDRA SINGH DHADDHA),J

Gourav/35

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