HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 8/2026 United India Insurance Company Ltd, Through Branch Manager, Plot No. 3, Second Floor, S.b.i. Ke Uppar, Transport Nagar, Jaipur (Raj.) - 302001, Policy No. 1404003121P102483072, Validity Dated 19.06.2021 To 18.06.2022. (Vehicle Insurance Company, Car No.- RJ-14 TE-7068)

----Appellant Versus

1. Shravanlal S/o Sh. Kesarmal, Aged About 49 Years, Resident Of Village Nonpura, Police Station Jamwaramgarh, District Jaipur.

----Claimant/Respondent

2. Shravan Kumar Bunkar S/o. Sh. Sundar Lal, Resident Of Plot No. B-20, Near Krishna Vatika Mandir, Agra Road, Jaipur (Raj.)-302015. (Vehicle Driver And Owner, Car No.

RJ-14-TE-7068) ----Respondents For Appellant(s) : Mr. V.P. Mathur, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

08/01/2026

1. Heard on stay application No. 09/2026.

2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 03.11.2025 passed by learned Motor Accident Claims Tribunal, Jaipur District Jaipur (Additional District & Sessions Judge No.1, Jaipur District Jaipur) (hereinafter referred to as the learned ‘Tribunal’) in MAC Case No. 61/2022, whereby, the claim petition has been partly allowed and an award of Rs.12,68,735/-

along with the interest of 6% per annum has been passed in favour of the claimant-respondent.

3. Learned counsel appearing on behalf of the appellant- Insurance Company submits that the effect and operation of the impugned judgment and award dated 03.11.2025 passed by the learned Tribunal be stayed till the pendency of the appeal.

4. The matter requires consideration.

5. Issue notice to 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 the entire decreetal amount along with the interest as awarded vide impugned judgment and award dated 03.11.2025 with the learned Motor Accident Claims Tribunal, Jaipur District Jaipur (Additional District & Sessions Judge No.1, Jaipur District Jaipur)

within a period of four weeks from today.

7. If the amount is deposited by the appellant-Insurance Company within the stipulated period, then the effect and operation of the impugned judgment and award dated 03.11.2025, passed by the learned Motor Accident Claims Tribunal, Jaipur District Jaipur (Additional District & Sessions Judge No.1, Jaipur District Jaipur) in MAC Case No. 61/2022 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 claimant-respondent in terms of the award on an undertaking by the claimant-respondent that in case, appeal of the appellant - Insurance Company succeeds, the claimant-respondent shall repay the amount, so received, along with interest @ 6% per annum. Remaining 50% of the 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. 09/2026 stands disposed of.

10. List this case after six weeks.

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

(ASHUTOSH KUMAR),J Mohita /8