United India Insurance Company ... vs Smt. Pooja W/O Shri Kailash Chand
2023 Latest Caselaw 60 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3073/2022

United India Insurance Company Ltd.,
                                                                  ----Appellant
                                   Versus
Smt. Pooja W/o Shri Kailash Chand
                                                                ----Respondent

For Appellant(s) : Mr. Rishipal Agarwal For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

02/01/2023

Heard.

Application under Section 5 of Limitation Act is allowed for

the reasons mentioned in the application and the delay of 7 days

in filing the appeal is condoned.

Issue notice to respondents No.1 to 4 of the appeal as well

as of the stay application.

Call for the record also.

List after four weeks.

In the meantime, operation/execution of the impugned

judgment and award dt.26.7.2022 passed by Motor Accident

Claims Tribunal, Kishangarh, District Ajmer is stayed on the

condition that the appellant shall deposit the 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

(2 of 2) [CMA-3073/2022]

interest @ 7% 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

Brijesh 27.

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