Rajasthan High Court - Jodhpur
The New India Assurance Co. Ltd vs Manju Sharma on 17 December, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 961/2020
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. Raghvendra Dwivedi S/o Late Shri Nityanand Dwivedi,
Aged About 28 Years, R/o Nivedita Colony, Tehsil
Nimbaheda, District Chittorgarh.
3. Miss Nivedita Dwivedi D/o Late Shri Nityanand Dwivedi,
Aged About 24 Years, R/o Nivedita Colony, Tehsil
Nimbaheda, District Chittorgarh.
4. Smt. Jamuna Bai W/o Late Shri Janki Vallabh Sharma, R/
o Near Digambar Jain Mandir, Binota Tehsil Nimbaheda
District Chittorgarh.
5. 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)
6. 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)
6/1. Smt. Pushpa W/o Late Shri Suresh Prakash Sharda, R/o
Old Sharda Petrol Pump, Nimbaheda, District Chittorgarh
6/2. Shri Vipul S/o Late Shri Suresh Prakash Sharda, R/o Old
Sharda Petrol Pump, Nimbaheda, District Chittorgarh
6/3. Smt. Anju W/o Pawan Chandak, D/o Late Shri Suresh
Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
6/4. Smt. Anuradha W/o Rakesh Pungalia, D/o Late Shri
Suresh Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
6/5. Smt. Shweta Kasat W/o Amit Kasat, D/o Late Shri Suresh
Prakash Sharda, R/o Old Sharda Petrol Pump,
Nimbaheda, District Chittorgarh
----Respondents
(2 of 3) [CMA-961/2020]
For Appellant(s) : Mr. Anil Bachhawat
Mr. S.R. Paliwal
For Respondent(s) : Mr. Dilip Kawadia
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/12/2021
This first appeal is filed by Insurance Company assailing the
judgment and award dated 13.11.2019 passed by learned Judge,
Motor Accident Claim Tribunal (II), Udaipur, whereby, three claim
petitions No.283/2018, 284/2018 & 285/2018 were decided and
allowed.
The counsel for appellant submits that the impugned
judgment dated 13.11.2019 passed in relation to other claim
petitions were also challenged by way of S.B.C.M.A. Nos.962/2020
& 963/2020, which have already been admitted and are pending
for hearing before this Court.
Admit.
Since the respondent claimants have put in appearance
through Advocate, notices need not be issued for them.
Heard on the stay petition.
The Tribunal has passed an award to the tune of
Rs.1,43,62,117/- with interest @6% per annum with effect from
date of claim petition i.e. 09.10.2017 till payment.
In case the appellant Insurance Company deposits a lump-
sum amount of Rs.1,50,00,000/- before the Tribunal within a
period of four weeks, the execution of the award for the remaining
amount under the impugned judgment shall remain stayed.
(3 of 3) [CMA-961/2020]
After deposition of such amount, the same shall be
disbursed to the respondent claimants in terms of the award.
It is needless to say that the amount paid by the Insurance
Company shall be subject to the outcome of the appeal.
Stay petition stands disposed of.
List the matter along S.B. C.M.A. Nos.962/2020 & 963/2020.
(SUDESH BANSAL),J
7-AnilKC/-
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