Rajasthan High Court - Jodhpur
The New India Assurance Co. Ltd vs Jarasi Bai on 3 August, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 983/2022
The New India Assurance Co. Ltd., Through Its Sr. Divisional
Manager (Legal Hub) Abhay Chamber Jalori Gate Jodhpur.
----Appellant
Versus
1. Jarasi Bai W/o Moti Lal Gurjar, Aged About 45 Years, R/o
Chandpol Thana Chhoti Sadari District Pratapgarh (Raj.)
2. Smt. Lali Bai D/o Moti Lal, Aged About 21 Years, W/o
Prakash Chandra Gurjar Presently Residing At Kharmaliya.
R/o Bari Sadari District Chittorgarh. (Raj.)
3. Vikram Singh S/o Moti Lal Gurjar, Aged About 20 Years,
R/o Chandpol Thana Chhoti Sadari District Pratapgarh
(Raj.)
4. Ms Ravina D/o Moti Lal, Aged About 15 Years, Minor
Through Their Natural Guardian Jarasi Bai W/o Late Shri
Moti Lal Gurjar. R/o Chandpol Thana Chhoti Sadari District
Pratapgarh (Raj.)
5. Ajay S/o Moti Lal, Aged About 12 Years, Minor Through
Their Natural Guardian Jarasi Bai W/o Late Shri Moti Lal
Gurjar. R/o Chandpol Thana Chhoti Sadari District
Pratapgarh (Raj.)
6. Ratan Lal S/o Bhura Lal Gurjar, Aged About 75 Years, R/o
Chandpol Thana Chhoti Sadari District Pratapgarh (Raj.)
7. Kamli Bai W/o Ratan Lal Gurjar, Aged About 73 Years, R/o
Chandpol Thana Chhoti Sadari District Pratapgarh (Raj.)
8. Vishnu Prasad S/o Amba Lal Bharti, Aged About 45 Years,
R/o Bisalwas Khurd Thana Baghana Distt. Neemach
(M.p.) (Driver Motor Cycle Bearing Registration No. Rj 20
Sb 2215).
9. Ratan Giri S/o Roop Giri Goswami, R/o Anu Deep Colony
Rawat Bhatta Distt. Chittorgarh. (Owner Of Motor Cycle
Bearing Registration No. Rj 20 Sb 2215).
----Respondents
For Appellant(s) : Mr. Narendra Kumar Joshi
For Respondent(s) : Mr. N. K. Gurjar,
Mr. Manas Khatri
(2 of 3) [CMA-983/2022]
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
03/08/2022
Learned counsel appearing for the appellant-Insurance
Company submits that in the FIR lodged in relation to the accident
in question, the name of driver of the offending vehicle was
mentioned as "Sh. Jagdish Giri" whereas after investigation, when
the investigating agency filed its final report, the name of the
driver was shown to be "Vishnu Prasad Bharati" and, therefore, it
is clear that the involvement of the driver of the offending vehicle
is under shadow of doubt. It is also submitted that the learned
Tribunal while computing the quantum of compensation committed
illegality because the learned Tribunal has not deducted 10% of
the income from the annual income of the deceased.
Learned counsel appearing for the respondents-claimants
submit that the learned Tribunal has rightly passed the impugned
judgment and award and, therefore, the same may not be
interfered with.
Heard learned counsel for the parties.
Admit.
Mr. N. K. Gurjar and Mr. Manas Khatri appears for the
claimant-respondent Nos. 1 to 7.
Let notices be issued to respondent Nos. 8 & 9. Issue notice
of stay application also, returnable within six weeks.
Call for the record.
Heard on stay application.
Having regard to the facts and circumstances of the case, it
is considered appropriate and hence ordered that in the
meanwhile if the appellant deposits 60% of the award amount,
(3 of 3) [CMA-983/2022]
along with the interest as mentioned in the impugned award
before the Tribunal within a period of one month, the recovery of
the remaining amount under the impugned award dated
24.02.2022 shall remain stayed.
The deposited amount may be disbursed to the claimants in
the manner and proportion as contemplated in the impugned
award with the undertaking that if the appellant in the present
appeal succeeds, he/she/they shall refund the same alongwith
interest in accordance with law.
It is made clear that the amount previously deposited by the
appellant, if any, shall be adjusted towards the said amount.
(MADAN GOPAL VYAS),J
9-neha/-
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