The court allowed the dispensation of the certified copy of the award and granted a conditional stay on the execution of the Motor Accident Claims Tribunal's award, subject to the appellant depositing 70% of the awarded amount.

Order

1. The present application (I.A. No. 01/2025) has been filed under Section 151 CPC, seeking dispensation of the requirement of filing the certified copy of the award dated 29.08.2025 passed by the learned Motor Accident Claims Tribunal, Dungarpur.

2. Learned counsel for the appellant submits that the certified copy of the impugned award has already been filed in another matter arising out of the same award dated 29.08.2025, pertaining to Motor Accident Claim Case No. 65/2023. He, therefore, prays that the requirement of filing the certified copy in the present appeal be dispensed with.

3. In view of the aforesaid submissions and for the reasons stated in the application, the same is allowed. Accordingly, the requirement of filing the certified copy of the impugned judgment/ award is dispensed with. The defect pointed out by the office in this regard stands overruled.

4. Heard learned counsel for the parties on appeal

5. Admit. Issue notice. Issue notice of stay application also.

6. Mr. RS Chouhan, learned counsel has put in appearance on behalf of respondents/claimants Nos.1 to 3.

7. Let notices be issued to rest of the respondents.

8. List after eight weeks.

9. Meanwhile, effect and operation of the impugned judgment and award dated 29.08.2025 passed by the learned Motor Accident Claims Tribunal, Dungarpur in Motor Accident Claim Case No.143/2023 shall remain stayed qua the appellant subject to the condition that the appellant-insurance company deposits 70% of the amount (with interest) awarded by the Tribunal vide award dated 29.08.2025 within a period of eight weeks.

10. The deposited amount shall be disbursed to the respondents- claimants in the manner and proportion as contemplated in the impugned judgment and award with the undertaking that if the appellant-insurance company succeeds, they shall refund the same along with interest in accordance with law.

11. It is made clear that the amount, if any, previously deposited by the appellant-insurance company, shall be adjusted towards the said amount.

12. Learned tribunal is directed to send the record after disbursal of the claim amount to the respondent.

13. It is made clear that if the amount as directed by this Court is not deposited within the stipulated time, the respondents- claimant(s) shall be free to proceed with the execution of the impugned award.