Reliance General Insurance ... vs Jagdish
2021 Latest Caselaw 2366 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Civil Misc. Appeal No. 1954/2020

Reliance General Insurance Company Limited, Through Regional Manager, 6Th Floor, Man Upasana Tower, Sardar Patel Marg, "C" Scheme, Jaipur

----Appellant Versus

1. Jagdish S/o Kheta Ram, Aged About 27 Years, R/o Sauo Ki Beri , Meethda Khurd , Tehsil And Police Station Dhorimanna , Distt. Barmer

2. Samda Khan S/o Munla Khan @ Mubarak Khan, R/o Talbaniyon Ki Dhani , Tunkiya , Police Station R.g.t. , Rawali Nadi , Distt. Barmer (Owner)

3. Sabir Khan S/o Bhalla Khan, R/o Bheelon Wala Bera , Bhedana , P.s. And Tehsil Gudamalani , Distt. Barmer (Driver)

----Respondents

For Appellant(s) : Mr. T.R.S. Sodha.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/01/2021

Mr. Ravi Panwar, Advocate has withdrawn his caveat on the

instructions.

Heard learned counsel for the appellant.

The counsel for the appellant submits that the FIR in respect

of the offending vehicle was registered after a period of 14 days

from the date of the accident. He further submits that even in the

discharge ticket, the injured-claimant has mentioned that injuries

were sustained by "falling down from Bike". He, therefore,

(2 of 2) [CMA-1954/2020]

submits that the vehicle injured with the appellant was not

involved in the accident at all.

Issue notice. Issue notice of the stay application as well,

returnable within four weeks.

In the meanwhile and till the next date of hearing, effect and

operation of the judgment and award dated 26.08.2020 passed by

Motor Accident claims Tribunal, Barmer in Motor Accident Claim

Case No.64/2019 shall remain stayed.

(VINIT KUMAR MATHUR),J

13-Anil Singh/-

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