Rajasthan High Court
The New India Assurance Company ... vs Veer Singh S/O Shri Ramavatar on 5 August, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.1060/2021
The New India Assurance Company Ltd., Through Divisional
Manager, Behind Old Bijli Ghar, Alwar (Rajasthan), Having Its
Regional Office, Second Floor, South Block, Nehru Place, Tonk
Road Jaipur, Rajasthan Through Its Constituted Attorney.
----Appellant
Versus
1. Veer Singh S/o Shri Ramavatar, Age 39 years, Resident Of
Heengvaheda, Tehsil Tijara, District Alwar (Rajasthan)
--Claimant-Respondent
2. Shakir Khan S/o Shri Subhan Khan, Age 22 years
Resident Of Neemli, Tehsil (Tirara), District Alwar
(Rajasthan)
- Driver Vehicle Dumper No. HR-27-J-1821
3. Sahid Khan S/o Rashid Khan, Resident Of Babla, Tehsil
Tavdu, District Mewat (Haryana)
-At The Time Of Accident Owner Of Registered Above
Vehicle
4. Ballu Deen S/o Shri Islam, Resident Of Khoharikalan,
Thana Tapukda, Tehsil Tijara District Alwar (Rajasthan)
- after the accident in present owner Of above registered
vehicle
-Non-Claimants-Respondents
For Appellant(s) : Mr. Tripurari Sharma, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
05/08/2021
Learned counsel for the appellant submitted that the
impugned award has been passed by Motor Accident Claims
Tribunal, Kishangarh Bas, Alwar while applying multiplier of 14 and
the basis for said calculation is taken as date of retirement of the
injured in the year 2016.
(2 of 2) [CMA-1060/2021]
Learned counsel for the appellant also submitted that the
monthly income of the injured has also wrongly been calculated
on the basis of last payment drawn by him and it should have
been calculated as per the date of accident and salary drawn by
the injured.
Learned counsel for the appellant submitted that it is the
date of the accident i.e. in the year 2010 which was relevant
factor to be considered for applying the multiplier for award of
compensation.
Learned counsel for the appellant also submitted that the
vehicle in question did not have fitness and valid permit and as
such the insurance company could not have been fastened with
the liability.
Learned counsel for the appellant places reliance on a
judgment in the case of Amrit Paul Singh & Anr. Versus Tata
AIG General Insurance Co. Ltd. & Ors., reported in AIR 2018
SC 2662.
Issue notice of the appeal as well as stay application,
returnable within four weeks. Notices be given 'dasti' if prayed.
In the meanwhile, if the appellant deposits the amount of the
award within a period of four weeks, the effect and operation of
the award dated 09.02.2021, shall remain stayed.
On depositing the award amount, the claimants will be
entitled for disbursement of 50% of the amount on an undertaking
to be given by them before the court below that in case appeal is
allowed, the payment so made to them, will be subject to outcome
of this appeal.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Monika 11
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