Reliance General Insurance Co. ... vs Ameena
2021 Latest Caselaw 12047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 635/2021

Reliance General Insurance Co. Ltd., Branch Office, Ivth Floor, Green House, Ashok Marg, C-Scheme, Jaipur

----Appellant Versus

1. Ameena W/o Aslam, Aged About 28 Years, Ward No. 14, Tara Nagar, At Present Ward No. 26, Sardarshaher, Dis. Churu

2. Afsana D/o Aslam, Ward No. 14, Taranagar. At Present Ward No. 26, Sardarsahar, Dis. Churu

3. Chahina D/o Aslam, Ward No. 14, Taranagar. At Present Ward No. 26, Sardarsahar, Dis. Churu

4. Sohel D/o Aslam, Ward No. 14, Taranagar. At Present Ward No. 26, Sardarsahar, Dis. Churu

5. Jagdish S/o Jile Singh @ Jailal, Baganwala, Tehsil Tosham, Dis. Bhiwani (Hariyana)

6. Sanjay S/o Mangeram, Burtana Thana, Tehsil Tosham, Dis. Bhiwani (Hariyana)

7. Chola Mandalam Ms General Insurance Company Limited, Dare House, Second Floor, N.c.c. Bose Road, Chennai Through Branch Manager, Branch Office, Jaipur

8. Jakir Hussain S/o Sarajuddin Teli, Kalana Tehsil Bhadra, Dis. Hanumangarh

9. Mohd. Ishaak Shah S/o Abdul Haq, Ward No. 14, Tara Nagar, Dis. Churu

10. Jubeda W/o Ishaak Khan, Ward No. 14, Tara Nagar, Dis.

Churu

----Respondents

For Appellant(s) : Mr. Vishal Singhal.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

(2 of 2) [CMA-635/2021]

02/08/2021

It is submitted by learned counsel for the appellant that the

insured vehicle was not having requisite permit, the negligence

was that of driver of the other vehicle and not of the insured

vehicle and that the Tribunal though has no power to review its

judgment / order, the same have been reviewed and the purport

of the judgment has been changed.

Further submissions have been made that Tribunal has

awarded excessive compensation, inasmuch as, future prospects

have been awarded @ 50% and the minimum wages have been

calculated for 30 days, instead of, as indicated in the minimum

wages for a month.

In view of the submissions made, admit. Issue notice. Issue

notice of the stay application also, returnable within a period of 6

weeks.

In the meanwhile and until further orders, if the appellant -

Insurance Company deposits a sum of Rs. 4,80,000/-, which is

60% of the compensation, to which prima facie the claimants in

terms of the award are entitled, after taking into consideration any

amount deposited under Section 140 and/or proviso to Section

173(1) of the Motor Vehicles Act, 1988, within a period of six

weeks, the rest of the award passed, qua the appellant -

Insurance Company, shall remain stayed.

The amount when deposited be disbursed to the claimants in

terms of the award.

(ARUN BHANSALI),J 12-Sachin/-

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