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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 414/2026

The Oriental Insurance Company Limited, Through Regional

Manager, Regional Office 70, Panchwati Raghumarg, Alwar,

Rajasthan (Insurer Of Vehicle No. Rj-14-Gh-8597)

----Appellant

Versus

1. Smt. Vinta Devi W/o Noor Mohammad, Aged About 49

Years, Resident Of Putdiyal, Post Rail, Tehsil Naidan,

District Hamirpur Himachal Pradesh

2. Noor Mohammad S/o Shri Maladdin, Aged About 55

Years, Resident Of Putdiyal, Post Rail, Tehsil Naidan,

District Hamirpur Himachal Pradesh

3. Kumari Shivani D/o Noor Mohammad, Aged About 27

Years, Resident Of Putdiyal, Post Rail, Tehsil Naidan,

District Hamirpur Himachal Pradesh

4. Kumari Simran D/o Noor Mohammad, Aged About 25

Years, Resident Of Putdiyal, Post Rail, Tehsil Naidan,

District Hamirpur Himachal Pradesh

----Claimants/Respondents

5. Mahendra Kumar S/o Shri Jhabarmal, R/o 325, Bilal

Maszid, Gali No. 3 Shastri Nagar, Jaipur Rajasthan, At

Present R/o Khurdi Sundarpura, Tehsil Kotputli, District

Jaipur, Rajasthan (Owner Of Vehicle No. Rj-14-Gh-8597)

6. Suresh Kumar S/o Shri Rameshwar, R/o Dhani Baniwala,

Tan-Mahawa, Tehsil Neem Ka Thana, District Sikar,

Rajasthan (Driver Of Vehicle No. Rj-14-Gh-8597)

----Respondents

For Appellant(s) : Mr. Praveen Kumar Jain, Adv.

For Respondent(s) : -

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

30/01/2026

1. Heard on stay application No. 429/2026.

2. The present civil miscellaneous appeal has been filed by the

appellant-Insurance Company against the judgment and award

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dated 28.10.2025 passed by learned Motor Accident Claims

Tribunal No.3, Kotputli, District Kotputli Behrod (Raj.) (hereinafter

referred to as the learned ‘Tribunal’) in MACT Case No. 379/2022,

whereby, the claim petition has been partly allowed and an award

of Rs.12,30,556/- along with the interest of 9% per annum has

been passed in favour of the claimants-respondents.

3. Learned counsel appearing on behalf of the appellant-

Insurance Company submits that the effect and operation of the

impugned judgment and award dated 28.10.2025 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

the entire decreetal amount along with the interest as awarded

vide impugned judgment and award dated 28.10.2025 with the

learned Motor Accident Claims Tribunal No.3, Kotputli, District

Kotputli Behrod (Raj.) 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

28.10.2025, passed by the learned Motor Accident Claims Tribunal

No.3, Kotputli, District Kotputli Behrod (Raj.) in MACT Case No.

379/2022 shall remain stayed, till further orders of this Court.

8. On depositing the said amount by the appellant – Insurance

Company, the learned Tribunal is directed to disburse 50% of the

amount, so deposited, amongst the claimants-respondents in

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terms of the award on an undertaking by the claimants-

respondents that in case, appeal of the appellant - Insurance

Company succeeds, the claimants-respondents shall repay the

amount, so received, along with interest @ 6% per annum.

Remaining 50% of the amount shall be kept in F.D.R. initially, for a

period of one year in the Nationalized Bank, which would be

renewed from time to time and this amount shall not be disbursed

without further order of this Court.

9. Accordingly, stay application No. 429/2026 stands disposed

of.

10. List this case after eight weeks.

11. In the meanwhile, record o