[2026:RJ-JP:1867]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 75/2026 Royal Sundaram Allianz Insurance Company Limited, Visranthi Melaram Tower No. 2/31 Rajeev Salai (Omr) Kripakam Chennai 600097 And Having Its Current Regional Office At Office No. 402, Fourth Floor Axis Mall Bhagwandas Road, Panch Bati C-Shceme Ashok Nagar Jaipur Rajasthan Through Its Constituent Attorney.

(Insurance Company Vehicle Canter Pickup No. Rj-32-Ga-5821).

----Non-Claimant/Appellant Versus

1. Smt. Shakuntal, Aged About 50 Years, W/o Late Hajarilal Yadav, 2. Devilal Yadav, Aged About 31 Years, S/o Late Hajarilal Yadav, 3. Mahendra Kumar Yadav S/o Dataram Yadav, R/o Dhani Dalukawali Village Shukhawas, Tehsil Kotputli, District Jaipur Raj. (Vehicle Driver And Owner Vehicle Canter Pickup No. Rj-32-Ga-5821).

----Claimant/Respondents

4. Gautam Yadav, Aged About 27 Years, S/o Hajarilal Yadav, R/o Dhani Jagnnathwali Village Kiratpura, Tehsil Kotputli, District Jaipur, Raj.

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

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

16/01/2026

1. Heard on stay application No.116/2026.

2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 15.09.2025 passed by learned Motor Accident Claims Tribunal (Additional District Judge No.1), Neem ka Thana, District Sikar (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. Petition No. 07/2015, whereby, the claim petition has been partly allowed and an award of Rs.9,43,800/- along with the interest @ 7% per annum has been passed in favour of the claimants-

respondents.

3. Learned counsel appearing on behalf of appellant-Insurance Company prays that the effect and operation of the impugned judgment and award dated 15.09.2025 passed by the learned Tribunal be stayed, till pendency of the appeal.

4. The matter requires consideration.

5. 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.

6. The appellant-Insurance Company is directed to deposit the entire decreetal amount, excluding the amount already deposited, if any, along with the interest as awarded vide the impugned judgment and award dated 15.09.2025, with learned Tribunal within a period of four weeks from today.

7. If the amount is so deposited by the appellant-Insurance Company within the stipulated period, then the effect and operation of the impugned judgment and award dated 15.09.2025 passed by learned Motor Accident Claims Tribunal (Additional District Judge No.1), Neem ka Thana, District Sikar 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, in favour of the claimants in terms of the award on an undertaking by the claimants that in case, appeal of the appellant-Insurance Company succeeds, the claimants 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. Accordingly, Stay Application No.116/2026 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 /10