Reliance General Insurance ... vs Sikander Khan
2021 Latest Caselaw 13188 Raj

(1 of 2) [CMA-423/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 423/2021

Reliance General Insurance Company Limited, Regional Manager, 6Th Floor, Man Upasana Tower, Sardar Patel Marg, C Scheme, Jaipur

----Appellant Versus

1. Sikander Khan S/o Jan Mohammad, Aged About 35 Years, Revdar, Tehsil Revdar, Dis. Sirohi

2. Shanti Lal S/o Soma Ram Kalbi, Malpura, Post Varman, Tehsil Revdar, Dis. Sirohi

3. Mawa Ram S/o Soma Ram Kalbi, Malpura, Post Varman, Tehsil Revdar, Dis. Sirohi

----Respondents

For Appellant(s) : Mr. T. R. S. Sodha. For Respondent(s) : Mr. R. S. Bhati.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/08/2021

It is submitted by learned counsel for the appellant that the

Tribunal was not justified in construing the claimant as owner of

the goods, inasmuch as, the claimant was not travelling with the

goods at the time of accident as it was the admitted case that he

was returning back in the vehicle after delivering the buffaloes.

Reliance has been placed on judgment in National Insurance

Co. Ltd. v. Kaushalaya Devi & Ors.: MACD 2008 (SC) 289.

Learned counsel for the respondents with reference to

judgment in Harsahay Sharma & Anr. v. Smt. Rukma Devi & Ors.:

2008-09 (Supp.) R.A.R 193 (Raj.), made submissions that despite

delivery of goods the owner of the goods would not become a

(2 of 2) [CMA-423/2021]

gratuitous passenger, in case he is travelling back after delivery of

the goods.

The matter requires consideration.

Admit. Issue notice.

As learned counsel, Mr. Raghuveer Singh Bhati, has appeared

for respondent No.1, no need to issue notice to him.

The requirement of service on respondent No.2 is dispensed

with.

Issue notice to respondent No.3.

Heard on stay application.

During pendency of the present appeal, if the appellant -

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

interest as awarded by the Tribunal within a period of 6 weeks,

after taking into consideration any amount deposited under

Section 140 and/or proviso to Section 173(1) of the Motor

Vehicles Act, 1988, the rest of the award shall remain stayed.

The amount when deposited be disbursed to the claimant.

(ARUN BHANSALI),J 13-Sachin/-

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