Rajasthan High Court - Jodhpur
The United India Insurance Co. Ltd vs Manoj on 23 November, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Civil Misc. Appeal No. 540/2021.
The United India Insurance Co. Ltd., Through Its Sr. Divisional
Manager (Legal Hub) 74-Bhati Plaza Building Pal Road, Jodhpur.
----Appellant
Versus
1. Manoj S/o Shri Sukh Dev, Aged About 25 Years, By Caste
Raigar R/o Village Khiara, Tehsil Loonkaransar, Distt.
Bikaner.
2. Shiv Nath S/o Shri Pana Ram, By Caste Jat, R/o House
No. 78 Bhadva, Tehsil Loonkaransar, Distt. Bikaner
(Owner Of The Tractor Bearing Registration No. Rj 07 Rb
9882)
3. Bajrang Lal S/o Laxman Ram, By Caste Raigar, R/o Village
Khiara, Tehsil Loonkaransar, Distt. Bikaner. (Driver Of The
Tractor Bearing Registration No. Rj 07 Rb 9882)
----Respondents
For Appellant(s) : Mr. Narendra Kumar Joshi.
For Respondent(s) : Mr. Pushkar Taimni on behalf of
Mr. Sanjay Nahar (caveator).
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
23/11/2021
Heard learned counsel for the appellant Insurance Company
as well as learned counsel appearing for the respondent No.1 in
caveat.
(2 of 3) [CMA-540/2021]
Learned counsel for the appellant stated that the FIR
regarding the accident in question has been filed by the claimant
after a delay of one month and 25 days without furnishing any
satisfactory explanation to that delay. He further stated that the
injury report of the injured-claimant was prepared after 10
months of the incident. He also stated that no issue was framed
on the basis of the ground taken by the Insurance Company in its
reply.
Per contra, learned counsel appearing for the respondent
No.1 (caveator) has opposed the arguments advanced by the
learned counsel for the appellant. He stated that the learned
Tribunal has passed the impugned award after a detailed
discussion and on the basis of the evidence led by both the
parties. He further stated it was made clear by the Tribunal that
since the claimant was assured by the vehicle owner that he will
reimburse the expenses incurred for treatment of the injuries
received in the accident but the same was not reimbursed,
therefore, the FIR in question was filed after delay, as aforesaid.
He also stated that it is the duty of the Medical Officer to prepare
the injury report within time and not the duty of the claimant-
respondent.
Having regard to the facts and circumstances of the case,
particularly to the facts that the FIR in question was filed after a
delay of one month and 25 days; that the injury report of the
injured was prepared after 10 months of the incident; and that no
issue regarding its exoneration was not framed by the Tribunal
concerned, therefore, the matter requires consideration,
Admit. Issue notice.
(3 of 3) [CMA-540/2021]
Since the respondent No.1-claimant is represented through
learned counsel Mr. Pushkar Taimni by filing caveat on his behalf,
let the notices be issued to the respondents No. 2 and 3 only.
Issue notice of the stay application also. Rule is made returnable
within a period of four weeks.
Record has already been received and the same is tagged
with the present file.
In the meantime, effect, operation and executed of the
impugned judgment and award dated 07.01.2021 passed by the
Motor Accident Claims Tribunal, Bikaner in Claim Case No.
83/2016 titled as "Manoj Vs. Shiva Nath & Ors." shall remain
stayed subject to the condition that the appellant Insurance
Company shall deposit 50% of the amount of the award with
interest @ 6% per annum with the Tribunal concerned within a
period of four weeks, after taking into consideration the amount
earlier deposited by the appellant.
Upon deposition of the amount aforesaid, the Tribunal is
directed to disburse the amount to the respondent-claimant as per
the terms of the award.
List the matter after six weeks.
(DEVENDRA KACHHAWAHA),J
26-Mohan/-
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