[2026:RJ-JP:1314]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4548/2025 National Insurance Company Limited, Through Manager Divisional Office, Jeevan Nidhi, Second Floor, Bhawani Singh Road, Jaipur (Raj.), Having Its Regional Office, 3Rd To 5Th Floor, Nbbc Building, Sahakar Marg, Jaipur.

---Insurance Company Of Vehicle Motorcycle Registration No.

Rj-23Ss-5641 ---- Non Claimant/Appellant Versus

1. Subhash Chand S/o Shri Sardarmal, Aged About 30 Years, R/o Ward No. 10, Malakali, Police Station Reengus, Tehsil Shrimadhopur, Distt. Sikar (Raj.)

-----Claimant/Respondent

2. Rajkumar S/o Shri Hansraj, Aged About 41 Years, R/o Gadhtaknet, Tehsil Shrimadhopur, Distt. Sikar (Raj.) Owner Of Vehicle Motorcycle Registration No. Rj-23Ss-

5641

3. Sitaram S/o Shri Bholaram, Aged About 51 Years, R/o Dhani Seduda, Tan Gadhtaknet, Tehsil Shrimadhopur, Distt. Sikar (Raj.) Driver Of Vehicle Motorcycle Registra-

tion No. Rj-23Ss-5641

4. Mukesh Kumar S/o Shri Rudaram, Aged About 34 Years, R/o Dhani Seduda, Tan Gadhtakner, Tehsil Shrimadhopur, Distt. Sikar (Raj.) Power Of Attorney Holder Of Vehicle Motorcycle Registration No. Rj-23Ss-5641 ----Non Claimants/Respondents For Appellant(s) : Mr. Sandeep Jain, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

13/01/2026

1. Heard on stay application No. 4482/2025.

2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 24.06.2025 passed by learned Motor Accident Claims Tribunal, Shrimadhopur, District Sikar (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. No. 162/2019, whereby, the claim petition has been partly allowed and an award of Rs.24,16,106/- along with the interest @ 9% per annum has been passed in favour of the respondent-claimant.

3. Learned counsel appearing on behalf of the appellant- Insurance Company submits that the effect and operation of the impugned judgment and award dated 24.06.2025 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 eight 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 24.06.2025 with the learned Motor Accident Claims Tribunal, Shrimadhopur, District Sikar within a period of six 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 24.06.2025, passed by the learned Motor Accident Claims Tribunal, Shrimadhopur, District Sikar in M.A.C. No. 162/2019 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 respondent-claimant 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. 4482/2025 stands disposed of.

10. List this case after eight weeks.

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

(ASHUTOSH KUMAR),J TANISHA /4