[2026:RJ-JP:2592]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 89/2026 Tata AIG General Insurance Company Ltd., Through Chief Manager, Registered Office At Peninsula Business Park, Tower A 15Th Floor, G.k. Marg, Lower Parel, Mumbai - 400013 And Having Its Branch Office At Plot No. C-93, Office Number 101- 103, Fortune Heights, Subhash Marg, C-Scheme, Jaipur -

302001, (Raj.), Through Its Constituent Attorney.

(Insurance Company Bolero No. Rj-34-Ua-3220)

----Non Claimant/Appellant Versus

1. Jaganlal S/o Late Shri Daujiram, Aged About 59 Years, 2. Omvati W/o Shri Jaganlal, Aged About 56 Years, 3. Vijay Mala W/o Late Shri Surajprakash, Aged About 35 Years, 4. Vinay Prakash Aged About 14 Years, Pesaran Late Shri Suraj Prakash, Being Minor Through Guardian Baba Jaganlal, 5. Kumkum aged about 11 years, Pesaran Late Shri Suraj Prakash, Being Minor Through Guardian Baba Jaganlal, 6. Neha Aged About 7 Years, Pesaran Late Shri Suraj Prakash, Being Minor Through Guardian Baba Jaganlal, All R/o Hal New Basti Mohhalla Kiri Badi, Tehsil Badi, District - Dholpur.

---- Claimants/Respondents

7. Jagroop Singh S/o Shri Babu Singh Gurjar, R/o Village, Rajana Pura, P.s. Masalpur, District - Karoli, (Raj.)

(Vehicle Owner Bolero No. Rj-34-Ua-3220)

----Non Claimant/Respondent For Appellant(s) : Mr. Charandeep Singh Jodha, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

21/01/2026

1. Heard on stay application No. 152/2026.

2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 01.11.2025 passed by learned Motor Accident Claims Tribunal, Badi, District Dholpur (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. (C.I.S) No. 32/2019, whereby, the claim petition has been partly allowed and an award of Rs.12,91,461/- along with the interest @ 7.5% per annum has been passed in favour of the respondents-claimants.

3. Learned counsel appearing on behalf of the appellant- Insurance Company submits that the effect and operation of the impugned judgment and award dated 01.11.2025 passed by the learned Tribunal be stayed till the pendency of the appeal.

4. The matter requires consideration.

5. Issue notice to all the respondents by both modes i.e., by ordinary process as well as by registered post, returnable within six weeks. Requisites be filed within one week.

6. The appellant – Insurance Company is directed to deposit the entire decreetal amount along with the interest as awarded vide impugned judgment and award dated 01.11.2025 with the learned Motor Accident Claims Tribunal, Badi, District Dholpur within a period of four weeks from today.

7. If the amount is deposited by the appellant-Insurance Company within the stipulated period, then the effect and operation of the impugned judgment and award dated 01.11.2025, passed by the learned Motor Accident Claims Tribunal, Badi, District Dholpur in M.A.C. (C.I.S) No. 32/2019 shall remain stayed, till further orders of this Court. The award amount deposited by the appellant - Insurance Company shall be kept in F.D.R. initially for a period of one year in a Nationalized Bank, which would be renewed from time to time and this amount shall not be disbursed without further order of this Court.

8. After service of notice, the respondents-claimants shall be at liberty to file an application for disbursement of the amount so deposited by the appellant-Insurance Company.

9. Accordingly, stay application No. 152/2026 stands disposed of.

10. List this case after six weeks.

11. In the meanwhile, record of the Court below be summoned.

(ASHUTOSH KUMAR),J TANISHA /6