United India Insurance Co. Ltd vs Ganesh Lal
2021 Latest Caselaw 8827 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1478/2020

United India Insurance Co. Ltd., Through Divisional Manager, Divisional Office, Udaipur Through Its Regional Manager, United India Insurance Co. Ltd., Pal Road, Jodhpur.

----Appellant Versus

1. Ganesh Lal S/o Shri Narayan Lal, Aged About 55 Years, B/c Nandwana, R/o Brahmpuri, Jhilwara Police Station Charbhuja, Tehsil Gadhbor, District Rajsamand.

2. Purnima D/o Shri Narayan Lal, Aged About 22 Years, B/c Nandwana, R/o Brahmpuri, Jhilwara Police Station Charbhuja, Tehsil Gadhbor, District Rajsamand.

3. Heena D/o Shri Narayan Lal, Aged About 19 Years, B/c Nandwana, R/o Brahmpuri, Jhilwara Police Station Charbhuja, Tehsil Gadhbor, District Rajsamand.

4. Vikram Singh Bhati S/o Shri Mithu Singh, Aged About 25 Years, B/c Bhati Rajput, R/o Jhalo Ki Madar, Police Station Khamnor Tehsil Khamnor, District Rajsamand. (Driver Of Motor Cycle No. Rj 30 Sj - 6226)

5. Kesu Lal S/o Dali Chand, Aged About 34 Years, B/c Regar, R/o Regar Basti, Rajyawas, Police Station Kankroli, Tehsil And District Rajsamand. (Owner Of Motor Cycle No. RJ 30SJ - 6226)

----Respondents

For Appellant(s) : Mr. Anil Kaushik through VC For Respondent(s) : None Present

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

05/04/2021

Heard learned counsel appearing on behalf of the appellant

through video conferencing.

(2 of 2) [CMA-1478/2020]

Learned counsel for the appellant stated that F.I.R. has been

lodged after a delay of four days; the accident has taken place on

the centre point of the road; the name of the eye witness has not

been mentioned in the list of the witnesses. Despite service,

respondent No.4 (driver) and respondent No.5 (owner) have not

appeared before the tribunal; at the most, this is a case of

composite negligence.

Admit.

Issue notice. Issue notice of stay petition also. Rule is made

returnable within a period of four weeks.

In the meanwhile, effect, operation and execution of the

impugned judgment and award dated 25.02.2020 passed by

learned Judge, Motor Accident Claims Tribunal, Rajsamand in

Motor Accident Claim Case No.353/2019 titled as "Ganeshlal &

Ors. Vs. Vikram Singh Bhati & Ors." shall remain stayed subject to

the condition that the appellant-Insurance Company shall deposit

70% of the award amount including interest, after taking into

consideration any other deposit made by the appellant-Insurance

Company, within a period of four weeks.

The amount so deposited be disbursed to the claimants in

the terms of the award.

List the matter after four weeks.

(DEVENDRA KACHHAWAHA),J 8-Rashi/-

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