Manem Khan S/O Usman Mohammad vs Smt. Sarjoo Devi W/O Late Suwalal
2022 Latest Caselaw 3016 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 615/2022

Manem Khan S/o Usman Mohammad & Anr.
                                                                      ----Appellants
                                      Versus
Smt. Sarjoo Devi W/o Late Suwalal & Ors.
                                                                     ----Respondent

For Appellant(s) : Mr. Satyapal Poshwal For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order

08/04/2022

This appeal has been filed by owner and driver of vehicle

assailing findings of impugned judgment and award dated

05.10.2021 passed by Motor Accident Claims Tribunal No.2, Jaipur

Metropolitan First, Jaipur in case No.782/2014, CIS No.

1734/2019 to the extent that the Insurance Company has wrongly

been exonerated.

The counsel for appellant submits that though the Tribunal

has primarily observed that under the principle of "pay and

recovery", the compensation be paid by the Insurance Company,

however the same has been held recoverable from appellants by

the Insurance Company.

Learned counsel for appellants submits that it is not a case

of breach of policy and the Insurance Company is liable to owe the

liability to pay the entire compensation.

Heard learned counsel for the appellant.

Admit.

Issue notice to respondents.

(2 of 2) [CMA-615/2022]

Since in the impugned judgment and award, the claimants

are entitled to get the compensation from the Insurance Company,

therefore, without staying the payment of award to the claimants,

it is made clear that after making the payment of compensation to

claimants, the same shall not be made recoverable from

appellants.

At this stage, record need not be summoned.

(SUDESH BANSAL),J

TN/14

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