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2026 Supreme(Online)(Raj) 1196
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Ashutosh Kumar, J
Oriental Insurance Company Ltd. – Appellant
Versus
Prahlad – Respondent
S.B. Civil Miscellaneous Appeal No. 67/2026
For the Appellants/Petitioners: Praveen Kumar Jain
The court may grant a stay on the operation of a Motor Accident Claims Tribunal award subject to the appellant depositing a specified percentage of the award amount with the Tribunal.
Headnote:The appellant insurance company has challenged the judgment and award dated 26.09.2025 passed by the Motor Accident Claims Tribunal, Tonk, in M.A.C. No. 42/2023, whereby a claim was partly allowed for an award of Rs.94,464/- with 7% interest. The court's primary determination focuses on the stay application regarding the fastened liability of 25% negligence on the appellant. The issue presented is whether the operation of the impugned judgment and award should be stayed during the pendency of the appeal, specifically regarding the finding of 25% negligence on the part of the driver of the insured vehicle. The court observed that the matter requires consideration. Accordingly, stay application No. 97/2026 stands disposed of.
| Table of Content |
|---|
| 1. challenge to tribunal award regarding contributory negligence liability. (Para 1 , 2 , 3) |
| 2. conditional stay granted upon deposit of 25% award amount. (Para 4 , 5 , 6 , 7 , 8) |
| 3. disposal of stay application and summons of lower court records. (Para 9 , 10 , 11) |
Order
1. Heard on stay application No. 97/2026.
2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 26.09.2025 passed by learned Motor Accident Claims Tribunal, Tonk (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. No. 42/2023, whereby, the claim petition has been partly allowed and an award of Rs.94,464/- along with the interest @ 7% per annum has been passed in favour of the claimant-respondent.
3. Learned counsel appearing on behalf of the appellant-Insurance Company submits that learned Tribunal vide impugned judgment and award dated 26.09.2025, has fastened the liability of the appellant-Insurance Company to the extent of 25% of the entire decreetal amount, though the driver of the vehicle insured by the appellant-Insurance Company was not at negligence and the finding of learned Tribunal with regard to 25% negligence on the part of the driver, is wrong. Learned counsel prays that the effect and operation of the impugned judgment and award dated 26.09.2025 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 25% of the award amount along with the interest as awarded vide impugned judgment and award dated 26.09.2025 with the learned Motor Accident Claims Tribunal, Tonk within a period of four weeks from today.
7. If the said amount is deposited by the appellant-Insurance Company within the stipulated period, then the effect and operation of the impugned judgment and award dated 26.09.2025 passed by learned Motor Accident Claims Tribunal, Tonk in M.A.C. No. 42/2023 shall remain stayed, till further orders of this Court. The amount so 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 claimant-respondent 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. 97/2026 stands disposed of.
10. List this case after six weeks.
11. In the meanwhile, record of the Court below be summoned.
