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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 3033/2023

1. Khem Singh S/o Shri Gokul Singh, Aged About 40 Years,

R/o-Sardarpura, P.S. Nasirabad Sadar, Distt. Ajmer (Raj.)

(Regd. Owner Of Vehicle)

2. Vikram Singh S/o Shri Hari Singh, Aged About 26 Years,

R/o Naya Gaon Kasya, Nasirabad, P.S. Nasirabad Sadar,

Distt. Ajmer. (Raj.) (Driver Of Car No. RJ-01-CD-3253)

----Appellants

Versus

1. Jitesh S/o Shri Ramprasad, Aged About 27 Years, R/o

Azad Cpolony, Harijan Basti, Dev Doongari, P.S. Madangal

Kisangarh, Distt. Ajmer (Raj.)

----Claimant/Respondent

2. Bajaj Allianz General Insurance Company Limited,

Through Its Branch Manager, Local Office, Ajmer (Raj.)

Insurer Of Vehicle

----Respondents

For Appellant(s) : Mr. Ram Singh Rathore, Adv.

For Respondent(s) : Mr. Chanderdeep Singh Jodha, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

29/01/2026

1. Heard on stay application No. 2591/2023 and application

(I.A. No. 01/2025).

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

appellants/non-claimants against the judgment and award dated

11.08.2023 passed by learned Motor Accident Claims Tribunal,

Ajmer (Raj.) (hereinafter referred to as the learned ‘Tribunal’) in

MAC Case No. 06/2021, whereby, the claim petition has been

allowed and an award of Rs.7,28,360/- along with the interest of

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9% per annum has been passed in favour of the claimant-

respondent No.1.

3. Learned counsel appearing on behalf of the appellants

submits that in this matter the award was passed in favour of the

claimant-respondent No.1 and Insurance Company-respondent

No.2 was directed to satisfy the award and then recover it from

the appellant No.1, who is the owner of the offending vehicle.

Learned counsel also submits that Insurance Company has paid

whole of the awarded amount to the claimant-respondent No.1

and now respondent No.2-Insurance Company has filed execution

proceedings against the appellants, in which attachment order has

been passed. Learned counsel prays that till final disposal of this

appeal, the execution proceedings filed by the Insurance Company

be stayed.

4. On the other hand, learned counsel appearing on behalf of

the respondent No.2-Insurance Company oppose the prayer made

by learned counsel for the appellants.

5. The matter requires consideration.

6. The appellant No.1, who is the owner of the offending vehicle

is directed to deposit 50% of the award amount along with the

interest as awarded vide impugned judgment and award dated

11.08.2023 with the learned Tribunal within a period of six weeks

from the passing of this order.

7. On depositing the said amount by the appellant No.1, the

learned Tribunal is directed to disburse this amount in favour of

the respondent No.2-Insurance Company on an undertaking by

the respondent No.2-Insurance Company that in case, if the

appeal of the appellant No.1 succeeds, the respondent No.2-

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Insurance Company shall repay the amount, so received, along

with interest @ 8% per annum.

8. If the appellant No.1 deposit 50% of the award amount so

ordered than the execution proceedings of the impugned

judgment and award dated 11.08.2023 shall remain stayed.

9. Accordingly, stay application No. 2591/2023 and application

(I.A. No. 01/2025) stand disposed of.

10. List this case after eight weeks.

(ASHUTOSH KUMAR),J

Mohita /50

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