Satbir S/O Sarajuddin vs Priyanka W/O Anil Kumar
2022 Latest Caselaw 1156 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2210/2021

Satbir S/o Sarajuddin & Anr.
                                                                  ----Appellants
                                   Versus
Priyanka W/o Anil Kumar & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Ankush Sharma, through VC For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/01/2022

This appeal has been filed by owner and driver of vehicle

assailing the judgment and order dated 13.09.2021 passed by

MACT, Jhunjhunu whereby and whereunder the total compensation

of Rs.13,08,300/- was passed in favour of claimants. The Tribunal

directed the Insurance Company to pay the compensation and

allowed to recover from the appellants (owner and driver).

Learned counsel for appellants submits that Insurance

Company has paid the entire compensation amount to claimants

and going to recover the amount from appellants whereas

appellants are not liable to pay the same as the vehicle in question

was having a valid permit however, the same could not be

produced before the Tribunal. Now the appellants have placed on

record the copy of permit along with application under Order 41

Rule 27 CPC.

In view of above, issue notice.

Since the claimants have received compensation and dispute

is only between the appellants and the Insurance Company

(2 of 2) [CMA-2210/2021]

therefore, on the request of counsel for appellants, service of

notice upon respondent Nos.1 to 3 is dispensed with at the risk

and consequences of appellants.

Issue notice to respondent No.4-Insurance Company only of

appeal as well as stay application, returnable within twelve weeks.

In the meanwhile, if appellants deposit a lump sum amount

of Rs.4,00,000/- within a period of four weeks before the Tribunal,

the recovery proceedings by the Insurance Company against the

appellants shall remain stayed.

This amount shall be kept in FDR and shall not be disbursed

to Insurance Company without prior permission to this Court.

(SUDESH BANSAL ),J

SAURABH/2

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