Cholamandalam Ms General ... vs Jhankari
2021 Latest Caselaw 13113 Raj

(1 of 2) [CMA-421/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 421/2021

Cholamandalam Ms General Insurance Company Limited, Office At K.p. Tower, Chopasni Road, Jodhpur Through Authorized Representative

----Appellant Versus

1. Jhankari W/o Ranjeet Ram Bawari, Village And Post Sabalpura Via Kuchaman City, Tehsil Nawa, Dis. Nagaur

2. Ramu Ram Mehla S/o Khuma Ramji Jat, Village And Post Sabalpura Via Kuchaman City, Tehsil Nawa, Dis. Nagaur. Presently Residing Near Ramdeo Temple, Village Losal, Tehsil Data-Ramgarh, Dis. Sikar

----Respondents

For Appellant(s) : Mr. Jagdish Vyas.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

25/08/2021

It is inter alia submitted by learned counsel for the appellant

that the deceased was not in possession of any driving licence

and, therefore, the appellant Insurance Company cannot be held

liable.

Reliance was placed on judgment in National Insurance

Company v. Mastan & Anr.: (2006) 2 SCC 641 and New India

Assurance Company v. Harshadbhai Amrutbhai Modhiya & Anr.:

AIR 2006 SC 1926.

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

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

weeks.

(2 of 2) [CMA-421/2021]

In the meanwhile and till further orders, if appellant

Insurance Company deposits a sum of Rs.1,50,000/- within a

period of six weeks, the rest of the impugned award passed by the

Commissioner Employees Compensation, Nagaur, shall remain

stayed.

(ARUN BHANSALI),J 24-Sumit/-

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