The New India Assurance Co. Ltd vs Babusingh
2021 Latest Caselaw 2360 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3064/2019

The New India Assurance Co. Ltd., Incharge Tp Claims Hub Abhay Chhambers, Jalori Gate, Jodhpur. (Insurance Company).

----Appellant Versus

1. Babusingh S/o Gangasingh, Aged About 49 Years, B/c Rawat, R/o Sohangarh, Tehsil Devgarh, Distt. Rajsamand.

2. Champa Devi W/o Babusingh, Aged About 46 Years, B/c Rawat, R/o Sohangarh, Tehsil Devgarh, Dist. Rajsamand.

3. Suresh Singh S/o Mansingh, B/c Rawat, R/o Phunkiyathad, Tehsil Devgarh, Distt. Rajsamand. (Driver)

4. Gopal Singh S/o Naisingh, B/c Rawat, R/o Main Village Intali, Tehsil Bhim, Distt. Rajsamand. (Owner)

----Respondents

For Appellant(s) : Mr. Vipul Singhvi For Respondent(s) : Mr. I.R. Choudary

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/01/2021

Heard learned counsel for the appellant.

Learned counsel for the appellant submits that the Tribunal

has recorded a finding in Para 14 of the impugned judgment that

looking to the age of deceased, the income is assessed as

Rs. 84,000/- per annum. There is no discussion with respect to

the income of the deceased and no documentary evidence was

produced before the Tribunal. In the circumstances, the counsel

urges that the pay scale of the unskilled labour should have been

taken into consideration while computing the income of the

(2 of 2) [CMA-3064/2019]

deceased. He submits that the award has been passed on the

higher side.

Admit. Issue notice.

Call for the record.

Meanwhile, the judgment and award dated 22.07.2019 shall

remain stayed provided the appellant deposits a sum of Rs.

8,50,000/- before the Tribunal within a period of four weeks (this

amount shall include the amount deposited by the appellants as

per the proviso to Section 173 and Section 140 of the MV Act). On

depositing the amount by the appellant, the Tribunal shall disburse

the same to the claimants in accordance with law.

(VINIT KUMAR MATHUR),J

7-/VivekM/-

Powered by TCPDF (www.tcpdf.org)