[2025:RJ-JP:50128]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5140/2025 ICICI Lombard General Insurance Company Limited, Jhalawar Road, Kota, Rajasthan (Insurance Company)

----Non-Claimant/Appellant Versus

1. Geeta Bai W/o Prithiviraj, Aged About 55 Years, Tehsil Atru, District Baran Rajasthan.

2. Manisha Kumari D/o Prithviraj, Aged About 33 Years, R/o Bhainsda Tehsil Atru, District Baran, Rajasthan

3. Kamendra Mohan, S/o Prithviraj, Aged About 29 Years, R/o Bhainsda Tehsil Atru, District Baran, Rajasthan

4. Satyaprakash S/o Prithviraj, Aged About 27 Years, R/o Bhainsda Tehsil Atru, District Baran, Rajasthan ----Claimants/Respondents

5. Vijendra Bairwa, S/o Rampratap, R/o Palaitha, Tehsil Anta, District Baran Rajasthan (Driver)

6. Bajranglal Sharma, S/o Shojilal, R/o Ramchandraji Ka Kheda, Police Station Dablana, District Bundi Rajasthan (Registered Owner)

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

For Respondent(s) : Mr. Narsi Prasad Sharma, 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 20.09.2025 passed by Motor Accident Claims Tribunal, Atru, District Baran (hereinafter referred to as the learned ‘Tribunal’) in Claim Petition No. 02/2022, whereby, the claim petition has been allowed and an award of Rs.34,92,548/- along with the interest @ 6% 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. Mr. Narsi Prasad Sharma, Adv. appears as caveator for respondent Nos.1 to 4. His name be shown in the cause list as counsel for the respondent Nos.1 to 4.

5. Issue notice to respondent Nos.5 and 6 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 the entire decreetal amount along with the interest as awarded vide impugned judgment and award dated 20.09.2025 with Motor Accident Claims Tribunal Atru, District Baran within a period of four weeks from today.

7. If the amount is deposited by the appellant within the stipulated period, then the effect and operation of the impugned judgment and award dated 20.09.2025 passed by Motor Accident Claims Tribunal, Atru, District Baran 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 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.

9. Learned counsel for the appellant is directed to supply copy of the appeal to learned counsel for the respondents.

10. List this case after six weeks.

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

(ASHUTOSH KUMAR),J TANISHA /5