HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Misc. Appeal No. 1964/2022 Reliance General Insurance Co. Ltd.
----Appellant Versus Balbeer
----Respondent For Appellant(s) : Mr. Vishal Singhal HON'BLE MS. JUSTICE REKHA BORANA Order 05/01/2023 An application has been preferred for dispensation of certified copy of the judgment and award dated 15.07.2022.
In view of the fact that the certified copy of the award has been placed on the record in S.B. Civil Misc. Appeal No. 2105/2022, filing of the same is dispensed with in the present appeal.
Learned counsel for the appellant submits that learned Tribunal has wrongly imputed 60% of liability on the appellant- Insurance Company.
Admit.
Issue notice. Notice be made returnable within a period of four weeks.
Service of respondents-Drivers is dispensed with at the risk and cost of the appellant.
Stay It is clear that the issue is pertaining to negligence of the two drivers and ultimately the liability of the corresponding (Downloaded on 05/01/2023 at 08:54:13 PM) (2 of 2) [CMA-1964/2022] Insurance Companies. The learned Tribunal has specifically directed for 60% of the compensation amount to be paid by the appellant-Insurance company and 40% by the respondent No.9- Insurance company.
In view of the specific direction, the appellant company is required to pay 60% of the compensation amount only.
The issue regarding liability cannot in any manner affect the right of compensation of the claimants. Hence no case for stay is made out in the present appeal.
The stay petition is therefore, dismissed. List the matter along with S.B. Civil Misc. Appeal No. 2105/2022.
(REKHA BORANA),J 32-AbhishekS/-
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