[2026:RJ-JP:1110]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 31/2026 The Oriental Insurance Company Ltd., Branch Office Old Bus Stand, Near Sabji Mandi, Tonk (Raj.) (Insurance Company Of Maruti Van Number RJ-17-UA-3407)

----Non-claimant No.10/Appellant Versus

1. Dinesh S/o Kanhiyalal, Aged About 39 Years, R/o Panch Batti, Mauhalla Kalipaltan, Tonk, District Tonk (Raj.)

---Claimant/Respondent

2. Jagroop S/o Khushilal, R/o Gopalpura Kudarkot Auraiya Bidhuna, Auraiya Bidhuna, Auraiya UP-206244 (Driver Of Vehicle Number RJ-09-GB-5088)

3. Kamal Bohra S/o Shanti Lal Bohra, R/o 48, Shastri Nagar, Chittorgarh (Owner Of Vehicle Number RJ-09-GB-5088)

4. United India Insurance Company Ltd., Branch Office Near Nizam Bidi Factory, Subhash Bazaar, Tonk, (Insurance Company Of Vehicle Number RJ-09-GB-5088)

5. Sunita, W/o Rakesh

6. Payal, D/o Rakesh

7. Tamanna, D/o Rakesh 8. Priyanshi, D/o Rakesh

9. Palak, D/o Rakesh

10. Lucky D/o Rakesh, (6 To 10 Are Minor Through Natural Guardian And Mother Sunita W/o Rakesh, all are residents of Ward No. 4 Near Jail, Tonk At Present Uniara, Tehsil Uniara, District Tonk (Raj.)

----Non-claimants/Respondents For Appellant(s) : Mr. Praveen Kumar Jain, Adv. with Mr. Bhadar, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

12/01/2026

1. Heard on stay application No. 43/2026.

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. 41/2023, whereby, the claim petition has been partly allowed and an award of Rs.2,76,732/- 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 the 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. 41/2023 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. 43/2026 stands disposed of.

10. List this case after six weeks.

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

(ASHUTOSH KUMAR),J AARZOO ARORA /10