[2025:RJ-JP:50126]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4694/2025 TATA AIG General Insurance Company Ltd., Office No. F-3, Shreeji Towers, C-99 First Floor, Subhash Marg, Jaipur, Insurance Company Vehicle Pickup No. Rj 52 GA 0871, Validity Date From

22.08.2019 To 21.08.2020 ----Non Claimant/Appellant Versus

1. Sumitra Devi, Aged About 64 Years, W/o Late Ramottar

2. Shekar S/o Late Ramottar, Aged About 28 Years, Both R/o Gram Tariyala, Post Chaturbhuj, Tehsil Kotputali, District Jaipur, Rajasthan -----Claimants/Respondents

3. Rajesh Kumar Yadav S/o Satyanarayan Yadav, R/o Bavariya, Harsora, District Alwar, Currently Devan, Tehsil Shahpura, District Jaipur, Rajasthan (Owner Vehicle Pickup No. Rj 52 Ga 0871)

4. Arvind Kumar S/o Ramswaroop, R/o Village Kanwarpur, Tehsil Kotputali, District Jaipur, Rajasthan (Driver Vehicle Pickup No. Rj 52 Ga 0871)

----Non Claimants/Respondents For Appellant(s) : Mr. Chanderdeep Singh Jodha, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

10/12/2025

1. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 06.08.2025 passed by Motor Accident Claims Tribunal No.3, Kotputali, District Kotputali-Behror (hereinafter referred to as the learned ‘Tribunal’) in MAC No. 75/2021, whereby, the claim petition has been allowed and an award of Rs.10,36,900/- along with the interest @ 9% per annum has been passed in favour of the claimants-respondents.

2. Learned counsel appearing on behalf of appellant- Insurance Company submits that the effect and operation of the impugned judgment and award passed by the learned Tribunal be stayed till the pendency of the appeal.

3. The matter requires consideration.

4. Issue notice to 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.

5. The appellant – Insurance Company is directed to deposit the entire decreetal amount along with the interest as awarded vide impugned judgment and award dated 06.08.2025 with Motor Accident Claims Tribunal No.3, Kotputali, District Kotputali-Behror within a period of four weeks from today.

6. If the amount is deposited by the appellant within the stipulated period, then the effect and operation of the impugned judgment and award dated 06.08.2025 passed by Motor Accident Claims Tribunal No.3, Kotputali, District Kotputali-Behror shall remain stayed, till further orders of this Court.

7. 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 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 award 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.

8. List this case after six weeks.

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

(ASHUTOSH KUMAR),J TANISHA /3