The United India Insurance Co. Ltd vs Tulchha
2021 Latest Caselaw 18526 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 390/2021

The United India Insurance Co. Ltd., Office At 1St Floor, 74-A, Bhati N-Plaza, Main Pal Road, Jodhpur

----Appellant / Non-Claimant Versus

1. Smt. Tulchha W/o Lt. Sahiram, Tehsil and District Bikaner.

2. Bhomraj S/o Lt. Sahiram, Tehsil and District Bikaner.

3. Babulal S/o Sahiram, Tehsil and District Bikaner.

4. Kailash S/o Sahiram, Tehsil and District Bikaner.

5. Rewanti W/o Ramuram, Tehsil and District Bikaner.

(Respondents / Claimants)

6. Surjaram Siyag S/o Daraja Ram @ Deraj Ram, House No. 482, Palana, Tehsil and District Bikaner.

(Driver and Owner)

For Appellant(s) : Mr. L.D. Khatri For Respondent(s)/ : Mr. Sanjay Nahar Claimants

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/12/2021

Heard learned counsel for the parties.

The Insurance Company has challenged the award dated

16.12.2020 in relation to the findings of issue No.3 as also against

quantum of award. Learned counsel for the appellant submits that

it is a case of contributory negligence and the whole liability may

not be fastened upon the Insurance Company.

Admit.

                                                                             (2 of 2)                  [CMA-390/2021]



                                        Mr.   Sanjay   Nahar       puts      in    appearance       on   behalf   of

respondents / claimants. No need to issue notices for respondent

Nos. 1 to 5.

Issue notice to the respondent No.6 only, returnable within a

period of four weeks.

In case, the appellant Insurance Company deposits the

entire amount with interest awarded vide judgment dated

16.12.2020 before the Tribunal within a period of four weeks, the

execution of impugned judgment and award dated 16.12.2020

passed by the Motor Accident Claim Tribunal, Bikaner in Civil Misc.

Case (Claim) No.238/2013(7/2017) shall remain stayed till final

disposal of this appeal.

Out of the amount deposited by the appellant, 50% of

amount shall be disbursed to the claimants in terms of the award

and remaining 50% amount about shall be kept in a FDR in a

nationalized Bank initially for the period of two years which shall

be renewed periodically.

Record of the Tribunal be remitted for compliance.

Let the Tribunal make complete the exercise of deposition of

the amount by the appellant and disbursement of the awarded

amount to the claimants in terms of above, thereafter record may

be sent back to this Court.

Stay application stands disposed of.

(SUDESH BANSAL),J

9-Ravi Kh/-

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