Tata A.I.G. General Insurance ... vs Badri S/O Shyopal
2023 Latest Caselaw 471 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 52/2023

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

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

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

12/01/2023

Issue notice to the respondents 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 17.10.2022 passed by the Motor

Accident Claim Tribunal, Sikar in M.A.C. No.555/2015 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 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 refunded by them alongwith

interest @ 8% 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-52/2023]

The tribunal is directed to send the record to this Court after

disbursement of the amount.

(NARENDRA SINGH DHADDHA),J

Jatin/69

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