Hdfc Ergo General Insurance ... vs Amjad Khad
2021 Latest Caselaw 2928 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 30/2021

Hdfc Ergo General Insurance Company Ltd., Jodhpur Office At N.k. Tower, Chopasni Road, Jodhpur Through Its Authorized Representative.

----Appellant Versus

1. Amjad Khad S/o Ishak Khan, R/o Abu Road, District Sirohi.

2. Aman Khan S/o Mohammad Akhtar, R/o Behind Jama Masjid, Kharwal Mohalla, Abu Road, District Sirohi. (Driver)

3. Smt. Naushad Begum W/o Mohammad Akhtar, R/o Behind Jama Masjid, Kharwal Mohalla, Abu Road, District Sirohi.

       (Owner)
                                                                 ----Respondents


For Appellant(s)          :     Mr. J.C. Vyas
For Respondent(s)         :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

03/02/2021

The present appeal has been preferred by the appellant-

Insurance Company against the judgment and award dated

28.10.2020 passed by Motor Accident Claims Tribunal, Abu Road

in MACT Claim Case No. 7/2012 (CIS No. 432/2014) whereby, a

compensation to the tune of Rs. 15,800/- has been awarded to

the claimant-respondent on account of the injuries suffered by him

in the accident which occurred on 28.02.2011.

Heard learned counsel for the appellant.

Learned counsel for the appellant submits that although, an

amount of Rs. 15,800/- is involved in the present case but the

(2 of 2) [CMA-30/2021]

issue involved in the present case has bearing on the claim

petitions arising out of the same accident, which are pending

consideration before the Tribunal and, therefore, any finding on

merit may prejudice the case of the appellants before the Tribunal.

I have considered the submissions made at the Bar and

gone through the judgment of the Tribunal dated 28.10.2020.

This court feels that the amount involved in the present case

is only Rs. 15,800/-, therefore, the same is not interfered in the

present case. However, it is observed that the dismissal of the

appeal in the present case will have no adverse effect on the

defense taken by the Insurance Company before the Tribunal in

the claim petitions arising out of the same accident.

Thus, the present appeal is dismissed without going into the

merits, as the amount involved is a meagre sum of Rs. 15,800/-.

(VINIT KUMAR MATHUR),J

6-/VivekM/-

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