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2026 Supreme(Online)(Raj) 4036

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHUTOSH KUMAR
UNITED INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
RINKU DEVI W/O LATE RAMRAJ – Respondent
CMA / 165 / 2026



[2026:RJ-JP:3210]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 165/2026 United India Insurance Company Limited, Office Station Road, Bhilwara, Having Its Regional Office At 7Th-8Th Floor, NBCC Building, Sahakar Marg, Jaipur (Raj.)

(Insurance Company Of Tractor No. RJ51-RA-2745).

----Non-claimant No.4/Appellant Versus

1. Rinku Devi W/o Late Ramraj, Aged About 37 Years, R/o Jahajpur, District Bhilwara, Present R/o Dhundhary, Tehsil Kekri, District Ajmer (Rajasthan).

----Claimant/Respondent

2. Mahaveer S/o Devkaran, R/o Raghunathpura, Police Station Pander, District Bhilwara (Raj.) (Driver Of Tractor No. RJ51-RA-2745).

3. Ratan S/o Devkaran, R/o Raghunathpura, Police Station Pander, District Bhilwara (Raj.)

(Registered Owner Of Tractor No. RJ51-RA-2745).

4. Bhanwar Lal S/o Jagdish, R/o Raghunathpura, Police Station Pander, District Bhilwara (Raj.)

(Registered Owner Of Tractor Trolley No. RJ51-EV-0024).

----Non-claimant Nos.1 to 3/Respondents

5. Santara W/o Kailash, R/o Badanpura, Tehsil Jahajpur, District Bhilwara (Raj.).

6. Kailash S/o Parasmal, R/o Badanpura, Tehsil Jahajpur, District Bhilwara (Raj.).

----Performa Non-claimant Nos.5 & 6/Respondents For Appellant(s) : Mr. Sandeep Jain, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

23/01/2026

1. Heard on stay application No. 228/2026.

2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 14.10.2025 passed by learned Motor Accident Claims Tribunal No.2, Kekri, District Ajmer (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. No. 132/2023, whereby, the claim petition has been partly allowed and an award of Rs.13,86,936/- along with the interest @ 6% per annum has been passed in favour of the claimant-respondent.

3. Learned counsel appearing on behalf of the appellant- Insurance Company prays that the effect and operation of the impugned judgment and award dated 14.10.2025 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 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 14.10.2025 passed by learned Motor Accident Claims Tribunal No.2, Kekri, District Ajmer within a period of four weeks from today.

7. If the said amount is deposited by the appellant-Insurance Company within the stipulated period, then the effect and operation of the impugned judgment and award dated 14.10.2025 passed by learned Motor Accident Claims Tribunal No.2, Kekri, District Ajmer shall remain stayed, till further orders of this Court. The amount so 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.

8. After service of notice, the claimant-respondent 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. 228/2026 stands disposed of.

10. List the matter after six weeks.

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

(ASHUTOSH KUMAR),J AARZOO ARORA /05

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