HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5221/2025 The Oriental Insurance Company Limited inside Ajmeri Gate, Bewar Through Regional Office, Bima Bhawan, 9Th- 10Th Floor, NBCC Centre, Sahakar Marg, Jaipur- 302007 (Insurance Co. Of Vehicle Trailer No. RJ-36-GA-5379)

----Appellant Versus

1. Smt. Naini Devi W/o Late Sh. Banna Singh, Resident Of Chanda Ka Badiya, Gopal Sagar, Post Kharwa, Masuda, Ajmer.

2. Kumari Susheela D/o Late Sh. Banna Singh, Minor Through Her Guardian Mother Claimant No. 1 Resident Of Chanda Ka Badiya, Gopal Sagar, Post Kharwa, Masuda, Ajmer.

3. Kumari Sonu D/o Late Sh. Banna Singh, Minor Through Her Guardian Mother Claimant No. 1 Resident Of Chanda Ka Badiya, Gopal Sagar, Post Kharwa, Masuda, Ajmer.

----Claimants/Respondents

4. Vinod Singh S/o Sh. Kailash Singh, R/o Chanda Ka Badiya, Gopal Sagar, Kharwa, Masuda, Ajmer. (Driver Trailer No. RJ-36-GA-5379)

5. Vishal Singh S/o Sh. Chandra Prakash, R/o Sadar Bazar, Kharwa, Masuda, Ajmer (Vehicle Owner Of Trailer No.

RJ-36-GA-5379) ----Respondents For Appellant(s) : Mr. Mukesh Kumar Goyal, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

06/01/2026

1. Heard on stay application No. 5163/2025.

2. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the impugned judgment and award dated 22.08.2025 passed by learned Motor Accident Claims Tribunal (Additional District & Sessions Judge, No.3), Bewar (hereinafter referred to as the learned ‘Tribunal’) in Motor Accident Claim Case No. 61/2023, whereby, the claim petition has been partly allowed and an award of Rs.14,17,575/- along with the interest of 7.5% per annum has been passed in favour of the claimants-respondents.

3. Learned counsel appearing on behalf of the appellant- Insurance Company submits that the effect and operation of the impugned judgment and award dated 22.08.2025 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 entire decreetal amount along with the interest as awarded vide impugned judgment and award dated 22.08.2025 with the learned Motor Accident Claims Tribunal (Additional District & Sessions Judge, No.3), Bewar in Motor Accident Claim Case No. 61/2023 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 22.08.2025, passed by the learned Motor Accident Claims Tribunal (Additional District & Sessions Judge, No.3), Bewar in Motor Accident Claim Case No. 61/2023 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 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 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. 5163/2025 stands disposed of.

10. List this case after six weeks.

(ASHUTOSH KUMAR),J Mohita /6