HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.1060/2021
The New India Assurance Company Ltd., Through Divisional
Manager, Behind Old Bijli Ghar, Alwar (Rajasthan), Having Its
Regional Office, Second Floor, South Block, Nehru Place, Tonk
Road Jaipur, Rajasthan Through Its Constituted Attorney.
----Appellant
Versus
1. Veer Singh S/o Shri Ramavatar, Age 39 years, Resident Of
Heengvaheda, Tehsil Tijara, District Alwar (Rajasthan)
--Claimant-Respondent
2. Shakir Khan S/o Shri Subhan Khan, Age 22 years Resident Of Neemli, Tehsil (Tirara), District Alwar (Rajasthan)
- Driver Vehicle Dumper No. HR-27-J-1821
3. Sahid Khan S/o Rashid Khan, Resident Of Babla, Tehsil Tavdu, District Mewat (Haryana)
-At The Time Of Accident Owner Of Registered Above Vehicle
4. Ballu Deen S/o Shri Islam, Resident Of Khoharikalan, Thana Tapukda, Tehsil Tijara District Alwar (Rajasthan)
- after the accident in present owner Of above registered vehicle
-Non-Claimants-Respondents For Appellant(s) : Mr. Tripurari Sharma, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 05/08/2021 Learned counsel for the appellant submitted that the impugned award has been passed by Motor Accident Claims Tribunal, Kishangarh Bas, Alwar while applying multiplier of 14 and the basis for said calculation is taken as date of retirement of the injured in the year 2016.
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(2 of 2) [CMA-1060/2021] Learned counsel for the appellant also submitted that the monthly income of the injured has also wrongly been calculated on the basis of last payment drawn by him and it should have been calculated as per the date of accident and salary drawn by the injured.
Learned counsel for the appellant submitted that it is the date of the accident i.e. in the year 2010 which was relevant factor to be considered for applying the multiplier for award of compensation.
Learned counsel for the appellant also submitted that the vehicle in question did not have fitness and valid permit and as such the insurance company could not have been fastened with the liability.
Learned counsel for the appellant places reliance on a judgment in the case of Amrit Paul Singh & Anr. Versus Tata AIG General Insurance Co. Ltd. & Ors., reported in AIR 2018 SC 2662.
Issue notice of the appeal as well as stay application, returnable within four weeks. Notices be given 'dasti' if prayed.
In the meanwhile, if the appellant deposits the amount of the award within a period of four weeks, the effect and operation of the award dated 09.02.2021, shall remain stayed.
On depositing the award amount, the claimants will be entitled for disbursement of 50% of the amount on an undertaking to be given by them before the court below that in case appeal is allowed, the payment so made to them, will be subject to outcome of this appeal.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav /86/Monika 11 (Downloaded on 06/08/2021 at 10:02:16 PM) Powered by TCPDF (www.tcpdf.org)