1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No. 184/2008 {Bajaj Allianz General Insurance Company Ltd. Versus Narayan Sahai Meena & Others} Date of Order :: 11th December, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Virendra Agrawal for the appellant Mr. Sandeep Mathur for the respondents BY THE COURT: Heard learned counsel for the parties. 2. Admit. 3. With the consent of learned counsel for both the parties, the appeal was heard finally and is being disposed of. 4. The appellant-Insurance Company has preferred this appeal against the interim award passed by the learned Tribunal under Section 140 of the Motor Vehicles Act dated 19th November, 2007 whereby the learned Tribunal has awarded an interim award of Rs. 50,000/- in favour of the claimant-respondents. 5. The submission of learned counsel for the appellant is that in the present case there was no involvement of the vehicle, which was insured with the Insurance Company and Tribunal committed an illegality in passing the interim 2 award in favour of the claimant-respondents. 6. The learned counsel for the respondents contended that although the submission of the learned counsel for the appellant is not correct and involvement of the vehicle is very much clear from the pleading of the claimant, but to avoid any controversy in the matter, he fairly and frankly contended that the result of this appeal may affect the case of either party, therefore, the amount of interim award may be deposited in fixed deposit and will not be paid to the claimant- respondents during the pendency of the claim application. 7. The learned counsel for the appellant has no objection in case the claimant is directed to deposit the amount but the same will not be disbursed to the claimant- respondents during the pendency of the claim application. 8. After considering the submissions of learned counsel for the parties, and, as agreed by them, the appeal is disposed of with the direction to appellant-Insurance Company to deposit the amount of interim award, as per the direction of the Tribunal dated 19th November, 2007, in the Tribunal within a period of four 3 weeks from today but the said amount will not be disbursed to the claimant-respondents and will be kept in fixed deposit in any nationalized bank, so there may not be any loss of interest, during the pendency of the claim application. 9. No order as to costs. (NARENDRA KUMAR JAIN),J. DK 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Misc. Stay Application No. 178/2008 In S.B. Civil Misc. Appeal No. 184/2008 {Bajaj Allianz General Insurance Company Ltd. Versus Narayan Sahai Meena & Others} Date of Order :: 11th December, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Virendra Agrawal for the appellant Mr. Sandeep Mathur for the respondents BY THE COURT: Consequent upon the disposal of the misc. appeal, the stay application, filed therewith, does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK