Citation : 2023 Latest Caselaw 508 Raj/2
Judgement Date : 13 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 59/2023
Iffco-Tokio General Insurance Company Limited,
----Appellant
Versus
Gayatri Devi W/o Sataynarayan,
----Respondent
For Appellant(s) : Mr. Chanderdeep Singh Jodha, Adv. For Respondent(s) : Mr. Santosh Soni, Adv. for respondent No.1.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
13/01/2023
Mr. Santosh Soni, Adv. puts his appearance for claimant.
Issue notice to the respondent Nos.2 to 4 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 18.10.2022 passed by the Motor
Accident Claim Tribunal No.1, Bandikui, District Dausa in M.A.C.
Case No.162/2011 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 claimant shall
be at liberty to withdraw 50% of the said amount on her
furnishing an undertaking on oath to the effect that if the
appellant ultimately succeeds in the appeal, the said amount shall
be refunded by her alongwith interest @ 9% per annum from the
date of withdrawal till refund. The remaining 50% of the award
(2 of 2) [CMA-59/2023]
amount be invested in FDR of a Nationalised Bank initially 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
Jatin/49
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