Rajasthan High Court - Jodhpur
The New India Assurance Co. Ltd vs Nivedita Dwivedi on 15 December, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 963/2020
The New India Assurance Co. Ltd., Through Manager Divisional
Office, Bathia Bhawan, Shakti Nagar, Udaipur Through Tp Hub
Incharge, Abhay Chamber, Jalori Gate, Jodhpur (Insurer Of
Tanker No. Rj-09-Ga-9002)
----Appellant
Versus
1. Manju Sharma W/o Late Shri Nityanand Dwivedi, Aged
About 55 Years, R/o Nivedita Colony, Tehsil Nimbaheda,
District Chittorgarh.
2. Narayan Lal Gurjar S/o Ugma Lal Gurjar, R/o Marwa Ka
Kheda Tehsil Asind, District Bhilwara (Driver Of Tanker
No. Rj-09-Ga-9002)
3. Lrs Of Suresh Prakash Sharda S/o Shriniwas Sharda, R/o
Old Sharda Petrol Pump, Nimbaheda, District Chittorgarh
(Owner Of Tanker No. Rj-09-Ga-9002)
3/1. Smt. Pushpa W/o Late Shri Suresh Prakash Sharda, R/o
Old Sharda Petrol Pump, Nimbaheda, District Chittorgarh
3/2. Shri Vipul S/o Shri Suresh Prakash Sharda, R/o Old
Sharda Petrol Pump, Nimbaheda, District Chittorgarh
3/3. Smt. Anju W/o Pawan Chandak, D/o Late Shri Suresh
Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
3/4. Smt. Anuradha W/o Rakesh Pungalia, D/o Late Shri
Suresh Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
3/5. Smt. Shweta Kasat W/o Amit Kasat, D/o Late Shri Suresh
Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 962/2020
The New India Assurance Co. Ltd., Through Manager Divisional
Office, Bathia Bhawan, Shakti Nagar, Udaipur Through Tp Hub
Incharge, Abhay Chamber, Jalori Gate, Jodhpur (Insurer Of
Tanker No. Rj-09-Ga-9002)
----Appellant
(2 of 5) [CMA-963/2020]
Versus
1. Nivedita Dwivedi D/o Late Shri Nityanand Dwivedi, Aged
About 24 Years, R/o Nivedita Colony, Tehsil Nimbaheda,
District Chittorgarh.
2. Narayan Lal Gurjar S/o Ugma Lal Gurjar, R/o Marwa Ka
Kheda Tehsil Asind, District Bhilwara (Driver Of Tanker
No. Rj-09-Ga-9002)
3. Lrs Of Shri Suresh Prakash Sharda S/o Shriniwas Sharda,
R/o Old Sharda Petrol Pump, Nimbaheda, District
Chittorgarh (Owner Of Tanker No. Rj-09-Ga-9002)
3/1. Smt. Pushpa W/o Late Shri Suresh Prakash Sharda, R/o
Old Sharda Petrol Pump, Nimbaheda, District Chittorgarh
3/2. Shri Vipul S/o Late Shri Suresh Prakash Sharda, R/o Old
Sharda Petrol Pump, Nimbaheda, District Chittorgarh
3/3. Smt. Anju W/o Pawan Chandak, D/o Late Shri Suresh
Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
3/4. Smt. Anuradha W/o Rakesh Pungalia, D/o Late Shri
Suresh Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
3/5. Smt. Shweta Kasat W/o Amit Kasat, D/o Late Shri Suresh
Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
----Respondents
For Appellant(s) : Mr. Anil Bachhawat
Mr. Sanjay Raj Paliwal
For Respondent(s) : Mr. Deelip Kawadia
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
15/12/2021
S.B. Civil Misc. Appeal No. 963/2020
This is an appeal filed by the appellant Insurance Company
assailing the judgment and award dated 13.11.2019 passed by
learned Judge, MACT-2, Udaipur in Claim Cases No.284/2018,
(3 of 5) [CMA-963/2020]
whereby compensation to the tune of Rs.3,58,187/- with interest
@6% per annum from 09.10.2017 has been awarded in favour of
the respective respondent-claimants.
The counsel for appellant Insurance Company submits that
insured vehicle No. RJ-09-GA-9002 was parked in stationary
position when another vehicle Innova Car No.RJ-09-UA-6050
collided with the stationary insured vehicle from the back.
Therefore, it is a case of negligence on the part of driver of the
Innova Car and Insurance Company is not liable to pay the
compensation.
Heard.
Admit.
Since the learned counsel for respondent-claimant has put in
appearance, notices need not be issued.
Issue notices to respondents No.2 & 3 only.
Heard on the stay application.
In case the appellant Insurance Company deposits the entire
compensation amount along with interest till date of deposition,
before the Tribunal, within a period of four weeks, the execution of
the award shall remain stayed. Out of the amount so deposited,
Rs.3,00,000/- would be disbursed to the claimants and remaining
amount shall be kept in FDR initially for a period of three years
subject to removal from time to time.
With the above observations, the stay application is disposed
of.
The record of the case be sent back to the Tribunal to
undertake the proceedings of deposition on disbursement of the
compensation amount as stated above.
(4 of 5) [CMA-963/2020]
It is expected that after completion of the proceedings of
disbursement, the record be sent back to this Court.
S.B. Civil Misc. Appeal No. 962/2020
This is an appeal filed by the appellant Insurance Company
assailing the judgment and award dated 13.11.2019 passed by
learned Judge, MACT-2, Udaipur in Claim Cases No.285/2018,
whereby compensation to the tune of Rs.22,500/- with interest
@6% per annum from 09.10.2017 has been awarded in favour of
the respective respondent-claimants.
The counsel for appellant Insurance Company submits that
insured vehicle No. RJ-09-GA-9002 was parked in stationary
position when another vehicle Innova Car No.RJ-09-UA-6050
collided with the stationary insured vehicle from the back.
Therefore, it is a case of negligence on the part of driver of the
Innova Car and Insurance Company is not liable to pay the
compensation.
Heard.
Admit.
Since the learned counsel for respondent-claimant has put in
appearance, notices need not be issued.
Issue notices to respondents No.2 & 3 only.
Heard on the stay application.
In case the appellant Insurance Company deposits the entire
compensation amount of Rs.22,500/- along with interest till date
of deposition, before the Tribunal, within a period of four weeks,
the execution of the award shall remain stayed. The amount so
deposited would be disbursed to the claimants subject to decision
of the appeal.
(5 of 5) [CMA-963/2020]
With the above observations, the stay application is disposed
of.
The record of the case be sent back to the Tribunal to
undertake the proceedings of deposition on disbursement of the
compensation amount as stated above.
It is expected that after completion of the proceedings of
disbursement, the record be sent back to this Court.
(SUDESH BANSAL),J
4-5/AnilKC/-
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