United India Insurance Company ... vs Bhanwari Devi
2021 Latest Caselaw 2368 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 533/2020

United India Insurance Company Limited, Through Its Manager Patamoti Sagar Building C, Near Bus Stand, Ajmer Road, Biawar

----Appellant Versus

1. Smt. Bhanwari Devi W/o Late Sh. Goparam, Aged About 63 Years, B/c Sirvi, R/o In Front Of Krishi Mandi, Bilara, Tehsil Bilara, District Jodhpur.

2. Smt. Sushila W/o Late Sh. Bhoora Ram, Aged About 37 Years, Daughter In Law Of Sh. Goparam, R/o In Front Of Krishi Mandi, Bilara, Tehsil Bilara, District Jodhpur.

3. Sunil S/o Late Bhoora Ram, Aged About 15 Years, Son In Law Of Late Sh. Goparam, Through His Natural Guardian Mother Smt. Sushila , R/o In Front Of Krishi Mandi, Bilara, Tehsil Bilara, District Jodhpur.

4. Vikash S/o Late Bhoora Ram, Aged About 12 Years, Son In Law Of Late Sh. Goparam, Through His Natural Guardian Mother Smt. Sushila , R/o In Front Of Krishi Mandi, Bilara, Tehsil Bilara, District Jodhpur.

5. Munna Khan S/o Sh. Jabru Khan, Aged About 33 Years, B/c Momdan, R/o Narana, P.s. Sendra, District Pali.

(Driver Of Vehicle No. Rj 36 Pa 0810)

6. Dilip Kumar S/o Sh. Bhojraj, Aged About 51 Years, B/c Sindhi, R/o Sidhi Colony, Vijaynagar, Tehsil Masuda, District Ajmer.

(Owner Of Vehicle No. Rj 36 Pa 0810)

----Respondents

For Appellant(s) : Mr. Anil Kaushik.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/01/2021

Heard learned counsel for the appellant.

(2 of 2) [CMA-533/2020]

The counsel for the appellant submits that service of notices

upon respondents-non- claimants No.1 & 2 may be dispensed with

on his cost and risk.

Issue notice to respondents No.1 to 4 only. Issue notice of

the stay application also, returnable within four weeks.

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

operation of the judgment and award dated 23.10.2019 passed by

Motor Accident Claims Tribunal, Jodhpur- First in Claim Case

No.265/2013 shall remain stayed subject to the condition that the

appellant shall deposit an amount of Rs.22,00,000/- before the

tribunal within a period of four weeks.

On depositing the same, the Tribunal shall disburse the

amount to the claimants 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

10-Anil Singh/-

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