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[2026:RJ-JP:3846]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 51/2026

The New India Insurance Company Ltd., Divisional Office

Sahakar Bhawan, Tonk Road, Jaipur (Rajasthan) Having Its

Regional Office, At Jaipur, (Raj.) (Insurnace Company Of Vehicle

Motorcycle No. Rj-26-Su-3884)

----Non Claimant/Appellant

Versus

1. Rambai W/o Late Kishangopal, Aged About 58 Years,

(Died)

2. Dharmendra S/o Late Kishangopal, Aged About 29 Years,

3. Kirodi Lal S/o Late Kishangopal, Aged About 26 Years,

4. Manchita D/o Late Kishangopal, Aged About 22 Years,

All Resident Of -Bhakarwadi, Devri, Post - Kachrawata,

Tehsil-Uniyara, District-Tonk (Rajasthan)

----Claimant/Respondents

5. Mukesh S/o Gangadhar, Resident Of Samrawata, Post -

Kachrawata, Tehsil-Uniyara, District -Tonk (Rajasthan)

(Owner Of Vehicle No. -Rj-26-Su-3884)

6. Kamlesh S/o Arjun, R/o Bhat Ka Nada, Tehsil -Uniyara,

District -Tonk (Rajasthan) (Driver Of Vehicle No.- Rj-26-

Su-3884)

----Non Claimant/Respondents

For Appellant(s) : Mr. Lokesh Parihar, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

28/01/2026

1. Heard on stay application No. 69/2026.

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

appellant-Insurance Company against the judgment and award

dated 24.09.2025 passed by learned Motor Accident Claims

Tribunal, Tonk (hereinafter referred to as the learned ‘Tribunal’) in

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Claim Case No. 431/2021, whereby, the claim petition has been

partly allowed and an award of Rs.5,00,000/- along with the

interest @ 7% 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 24.09.2025 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

eight weeks. Requisites be filed within two weeks.

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 24.09.2025 with the learned

Motor Accident Claims Tribunal, Tonk 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

24.09.2025, passed by the learned Motor Accident Claims

Tribunal, Tonk in Claim Case No. 431/2021 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.

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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. 69/2026 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

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