The New India Assurance Company ... vs Hemi Devi
2021 Latest Caselaw 15322 Raj

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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