The New India Assurance Co. Ltd vs Dala Devi
2021 Latest Caselaw 8547 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Misc. Appeal No. 101/2021

The New India Assurance Co. Ltd., The Incharge, TP Claims Hub, Abhay Chambers, Jalori Gate, Jodhpur

----Appellant

Versus

1. Smt. Dala Devi W/o Late Tomaram @ Tamaram, aged about 44 years, by caste Meghwal,

2. Santosh Kumar D/o Late Tomaram @ Tamaram, aged about 25 years, by caste Meghwal,

3. Goga D/o Late Tomaram @ Tamaram, aged about 22 years, by caste Meghwal,

4. Kimari Geeta D/o Tomaram @ Tamaram, aged about 21 years, by caste Meghwal,

5. Om Prakash S/o Late Tomaram @ Tamaram, aged about 19 years, by caste Meghwal,

6. Shravan Kumar S/o Late Tomaram @ Tamaram, aged about 17 years, by caste Meghwal minor through natural guardian mother - respondent No. 1 - Smt. Dala Devi

7. Utma Ram s/o Dharmaram, aged about 79 years, by caste Meghwal,

8. Smt Harku Devi w/o Utmaram, aged about 75 years, by caste Meghwal, Respondent Nos. 1 to 8 are R/o Ram Nagar, Gram Panchayat Nahar Singh Nagar, Police Station Shergarh, Tehsil Shergarh, District Jodhpur

9. Harbansh Singh S/o Indra Singh, B/c Jatt, aged about 50 years, R/o Bihla, Disrict Barnala, Punjab (Driver of Vehicle PB-03-AA-5797)

10. Roshan Lal S/o Prem Chand, R/o Patti Sawal Mehraj, District Bhatinda, Punjab (Registered Owner of Vehicle PB-03-AA-5797)

----Respondents

For Appellant(s) : Mr. Vipul Singhvi

(2 of 2) [CMA-101/2021]

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/03/2021

Issue notice to the respondents returnable within a period of

four weeks. Issue notice of the stay application also.

Meanwhile and until further orders, the operation of the

Judgment and Award dated 21.11.2020 passed by the Judge,

Motor Accident Claims Tribunal (First), Jodhpur in MAC Case No.

200/2015 (C.I.S. No. 200/2015) (Smt. Dala Devi & ors. Vs.

Harbansh Singh & ors.) shall remain stayed subject to the

condition that the appellant - Insurance Company will deposit an

amount of Rs. 10,00,000/- (rupees ten lacs only) before the

tribunal within two weeks.

On depositing the said amount, the Tribunal shall disburse

the same to the respondents-claimants in accordance with law.

(VINIT KUMAR MATHUR),J

123-Inder/-

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