(1 of 2) [CMA-423/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 423/2021 Reliance General Insurance Company Limited, Regional Manager, 6Th Floor, Man Upasana Tower, Sardar Patel Marg, C Scheme, Jaipur
----Appellant Versus
1. Sikander Khan S/o Jan Mohammad, Aged About 35 Years, Revdar, Tehsil Revdar, Dis. Sirohi
2. Shanti Lal S/o Soma Ram Kalbi, Malpura, Post Varman, Tehsil Revdar, Dis. Sirohi
3. Mawa Ram S/o Soma Ram Kalbi, Malpura, Post Varman, Tehsil Revdar, Dis. Sirohi
----Respondents For Appellant(s) : Mr. T. R. S. Sodha. For Respondent(s) : Mr. R. S. Bhati.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 27/08/2021 It is submitted by learned counsel for the appellant that the Tribunal was not justified in construing the claimant as owner of the goods, inasmuch as, the claimant was not travelling with the goods at the time of accident as it was the admitted case that he was returning back in the vehicle after delivering the buffaloes.
Reliance has been placed on judgment in National Insurance Co. Ltd. v. Kaushalaya Devi & Ors.: MACD 2008 (SC) 289.
Learned counsel for the respondents with reference to judgment in Harsahay Sharma & Anr. v. Smt. Rukma Devi & Ors.: 2008-09 (Supp.) R.A.R 193 (Raj.), made submissions that despite delivery of goods the owner of the goods would not become a (Downloaded on 27/08/2021 at 08:39:24 PM) (2 of 2) [CMA-423/2021] gratuitous passenger, in case he is travelling back after delivery of the goods.
The matter requires consideration. Admit. Issue notice.
As learned counsel, Mr. Raghuveer Singh Bhati, has appeared for respondent No.1, no need to issue notice to him.
The requirement of service on respondent No.2 is dispensed with.
Issue notice to respondent No.3.
Heard on stay application.
During pendency of the present appeal, if the appellant - Insurance Company deposits a sum of Rs.1,50,000/- alongwith interest as awarded by the Tribunal within a period of 6 weeks, after taking into consideration any amount deposited under Section 140 and/or proviso to Section 173(1) of the Motor Vehicles Act, 1988, the rest of the award shall remain stayed.
The amount when deposited be disbursed to the claimant.
(ARUN BHANSALI),J 13-Sachin/-
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