// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.3296/2007 With S.B. Civil Misc. Stay Appl. No.240/2007 Bajaj Allianz General Insurance Company Limited Versus Rambharos and Others Date of Order ::: 16.10.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Virendra Agrawal, Counsel for appellant Shri Gorishankar Gauttam, Advocate, for Shri Santosh Kumar Jain, Counsel for respondents #### By the Court:- Learned counsel for the appellant submits that this appeal was preferred against the interim award passed under Section 140 of the Motor Vehicles Act, whereas the learned Tribunal has now dismissed the claim petition itself of the claimants finally against the Insurance Company vide its judgment dated 27th August, 2008. In view of the statement of the learned counsel for the appellant, the appeal has become infructuous and the same is dismissed as such. The learned counsel for the appellant submits that the amount of Rs.25,000/- was // 2 // deposited by the appellant before filing of the present appeal, therefore, necessary order may be passed in this regard. No order in this regard is required to be passed by this Court as the appellant may move an appropriate application in this regard before the Tribunal itself. Consequent upon dismissal of the appeal itself, the stay application as well as the application under Section 151 of the CPC, filed therewith, do not survive and the same also stand dismissed. (Narendra Kumar Jain) J. //Jaiman//