Shriram General Insurance ... vs Kesar
2021 Latest Caselaw 2231 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 59/2020

Shriram General Insurance Company Ltd., E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur through its authorized representative.

----Appellant(Non-applicant No.3) Versus

1. Smt. Kesar W/o Late Dhularam @ Dhula, R/o. Village Padva Fala Vira Dungari, Tehsil Sagwara, District Dungarpur.

---Claimant

2. Pankaj Sharma, S/o. Ashok Sharma, R/o. Vllage Kokapur, District Dungarpur.

---(Driver)

3. Nathulal, S/o. Dhanji Nanoma, R/o. Rampur, Tehsil Sagwara, District Dungarpur.

                                                                        ---(Owner)
                                                                  ----Respondents


For Appellant(s)           :     Mr. Jagdish Chandra Vyas
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/01/2021

Heard.

Learned counsel for the appellant-company submits that

Tribunal has committed an error on the face of record as there

was only one dependent of deceased- Dhularam @ Dhula and it

has made deduction @ of 1/3 part of the income, whereas it

should have been 1/2 of the income. Secondly, he submits that

the age of the deceased- Dhularam was more than 80 years as

per the Votor I.D. Card and Rashion Card, whereas, the Tribunal

has erred in considering the age of the deceased- Dhularam as 50

(2 of 2) [CMA-59/2020]

years which was mentioned in the postmortem report. Therefore,

learned counsel submits that the Tribunal has committed error

while awarding the amount of Rs.5,74,504/- as compensation.

Issue notice. Issue notice of the stay application also. Rule

is made returnable within a period of four weeks.

Meanwhile and until further orders, effect and operation of

judgment and award dated 20.08.2019 passed by the learned

Additional District & Sessions Judge-Cum-Judge, Motor Accident

Claims Tribunal, Sagwara, District Dungarpur shall remain stayed

qua the appellant-company subject to the condition that the

appellant-company shall deposit the 50% of the amount awarded

with an interest as awarded by the Tribunal within a period of four

weeks. On depositing the same, the Tribunal shall disburse the

amount to the claimant/respondent No.1 in accordance with law.

The said amount shall include the amount already deposited by

the appellant-company as per the proviso of Section 173 and

Section 140 of the Motor Vehicles Act.

(VINIT KUMAR MATHUR),J 1-SunilS/-

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