Bharti Axa General Insurance ... vs Bhanwari Kanwar
2021 Latest Caselaw 9022 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 286/2021

Bharti Axa General Insurance Company Ltd., Corporate Office At First Floor, The Ferns Icon, Survey No. 28, Doddanakundi Village, R.K. Puram, Hobli, Banglore. Jaipur Office At 4th Floor, G-Business Park Building, Subhash Marg, C-Scheme, Jaipur

----Appellant Versus

1. Bhanwari Kanwar W/o Narayan Singh Rao, Village And Tehsil Bhinmal, Dis. Jalore

2. Gudia Kanwar D/o Narayan Singh Rao, Village And Tehsil Bhinmal, Dis. Jalore

3. Kalyan Singh S/o Narayan Singh, Village And Tehsil Bhinmal, Dis. Jalore

4. Darmi D/o Narayan Singh Rao, Village And Tehsil Bhinmal, Dis. Jalore

5. Dhiraj S/o Narayan Singh Rao, Village And Tehsil Bhinmal, Dis. Jalore

6. Seeta Devi W/o Kesar Singh Rao, Village And Tehsil Bhinmal, Dis. Jalore

7. Ashok Kumar S/o Sanwala Ram Meghwal, Ganwari Tehsil Bagoda Dis. Jalore

8. Vikram Singh S/o Prithvi Singh Rao, 202, A-Wing, Neerav Park, Opposite Macdonalds, Meera-Bhayandar Road, Meera Road East, Dis. Thane (Maharashtra)

----Respondents

For Appellant(s) : Mr. J.C. Vyas Ms. Mamta Vyas

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

07/04/2021

Heard learned counsel for the appellant.

(2 of 2) [CMA-286/2021]

Learned counsel for the appellant while submitting certain

documents relating to site plan and description of site plan as

made by the police during investigation, stated that as per site

plan, the vehicle (Scorpio) was going from Bhinmal to Mandhar

and the tyre marks of the vehicle were found from mark-X to

mark-X1 on the place of accident, which shows that Scorpio has

been driven very rashly and negligently. He further stated that as

per MTO report, the story as developed by the claimants appears

to be doubtful.

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 01.02.2021 passed by

learned Judge, Motor Accident Claims Tribunal, Bhinmal in Motor

Accident Claim Case No.54/2012 (CIS No.207/14) titled as "Smt.

Lalita Kanwar & Ors. Vs. Ashok Kumar & Ors." shall remain stayed

qua the appellant subject to the condition that the appellant-

Insurance Company shall deposit 50% 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 3-Rashi/-

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