Rajasthan High Court - Jodhpur
Hemi Devi vs Harkishan Kantibhai Mardiya on 1 October, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 573/2021
The New India Assurance Company Limited, T.P. Claims Hub,
Divisional Office- Ist, Abhay Chambers, Jalori Gate, Jodhpur
through its authorized representative.
----Appellant
Versus
1. Smt. Hemi Devi W/o Late Sh. Pema Ram @ Prem Ji.
2. Narsingh Ram S/o Late Shri Pema Ram @ Prem Ji.
3. Mst. Pusa Devi D/o Late Sh. Pema Ram @ Prem Ji.
All by caste Rebari Dewasi, R/o 33 Adarsh Nagar, Lal
Sagar, Jodhpur.
(Claimants)
4. Harkishan Kanti Bhai Mardia, R/o "Ridam", Ankur
Vidhyalay, Main Road, Vrindavan Society, Lane No. 6, H.j.
Dosi Hospital Road, Rajkot, Gujrat.
(Owner)
5. Sarjit Singh S/o Pritam Singh Vasdiya Darbar, Laxmi
Nagar, Village Manavadar, Dis. Junagarh, Gujrat.
(Driver)
----Respondents
S.B. Civil Misc. Appeal No. 608/2021
1. Smt. Hemi Devi W/o Late Shri Pema Ram @ Premji, Aged
About 60 Years.
2. Narsingh Ram S/o Late Shri Pema Ram @ Premji, Aged
About 23 Years.
3. Pusa Devi D/o Late Shri Pema Ram @ Prem, Aged About
27 Years.
All by caste Rebari Dewasi, R/o 33, Adarsh Nagar,
Lalsagar, Jodhpur
----Appellants
Versus
1. Harkishan Kantibhai Mardiya, R/o 'Ridam', Ankur
Vidhyalaya Main Road, Vrindavan Society, Gali No. 6, Hj
Dc Hospital Road, Rajkot (Gujraat).
(Owner)
2. Sarjeet Singh S/o Pritam Singh, R/o Vasdiya Darbar,
Laxmi Nagar, Village Manavdar, Dis. Junagarh (Gujaraat)
(2 of 3) [CMA-598/2021]
(Driver)
3. New India Insurance Company Limited, Tp Hub, Abhay
Chambers, Jalori Gate, Jodhpur.
(Insurer)
----Respondents
For Appellant(s) : Mr. Jagdish Vyas.
For Respondent(s) : Mr. Anil Bhandari.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/10/2021
S.B. Civil Misc. Appeal No. 573/2021
Heard.
Admit.
Issue notice.
Mr. Anil Bhandari, Advocate has put in appearance on behalf
of respondents No.1 to 3.
Issue notice to respondent No.4 only, returnable on
09.11.2021.
The counsel for the appellant prays for dispensing with
service of notice upon respondent No.5 on his risk and cost.
Accordingly, service of notice upon respondent No.5 is
dispensed at the risk and cost of counsel for the appellant.
In the meanwhile and till the next date of hearing, effect and
operation of the judgment and award dated 10.02.2021 passed by
Judge, Motor Accident Claims Tribunal-I, Jodhpur shall remain
stayed subject to the condition that the appellant shall deposit
50% of the amount awarded by the Tribunal vide judgment and
award dated 10.02.2021 within a period of four weeks.
The Tribunal shall disburse the amount so deposited by the
appellant Insurance Company to the claimants in accordance with
law.
Needless to say that 50% amount will be inclusive of the
amount deposited by the appellant under section 140 and proviso
to section 173 of the Motor Vehicle Act, 1988.
(3 of 3) [CMA-598/2021]
Let the record be sent back to the Tribunal.
The Tribunal is directed to send the record back to this court
after the amount is disbursed to the claimants.
S.B. Civil Misc. Appeal No. 608/2021
Heard.
Admit.
Issue notice.
Mr. Jagdish Vyas, Advocate has put in appearance on behalf
of respondent No.3.
The counsel for the appellants prays for dispensing service of
notices upon respondent No.1 & 2 (Owner & Driver) at his risk and
cost.
Accordingly, the service of notices upon respondent No.1 & 2
is dispensed with at the risk and cost of the counsel for the
appellants.
Put up on 09.11.2021.
(VINIT KUMAR MATHUR),J
17 & 18 Anil Singh/-
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