United India Insurance Company ... vs Mona D/O Late Shri Shankar Lal ...
2022 Latest Caselaw 421 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1945/2021

United India Insurance Company Ltd., D.a.b 60, Janpati New
Delhi, At Present Tp Claim Hub, 93-Sapphire Center, Ajmer Road,
Jaipur, Through Its Authorized Signatory (Insurer Of Esteem Car
No. Dl 8 Cd 2299)
                                                                   ----Appellant
                                   Versus
1.     Mona D/o Late Shri Shankar Lal Kumawat, Aged About 32
       Years, R/o Near Punjab National Bank, Factory Area Road,
       Under The Bridge, Jhotwara, Jaipur.
2.     Ashok Swamy, S/o Shri Gajanand Swamy, R/o D-5,
       Govindpura, Kardhani Yojna, Kalwar Road, Jaipur (Driver
       Mini Bus No. Rj 14 P 6193)
3.     Gajanand Swamy S/o Shri Hanuman Sahai Swamy, R/o
       D- 5 Govind Pura, Kardhani Yojna, Kalwar Road, Jaipur
       (Owner Mini Bus No. Rj 14 P 6193)
4.     New India Assurance Company Through Manager, 2Nd
       Floor, Jaipur Tower, Opposite Akashwani, M.i. Road, Jaipur
       Through Its Manager (Insurer Of Mini Bus No. Rj 14 P
       6193)
5.     Rajendra Singh S/o Shri Sunda Ram, R/o Shrimadhopur,
       Sikar, Driver (Driver Esteem Car No. Dl 8 Cd 2299)
6.     Bhupendra Singh S/o Shri R.s. Bajad, R/o Rz/7, Palam
       Vihar Dwarka Sector-6, Delhi. (Owner Esteem Car No. Dl
       8 Cd 2299)
                                                                ----Respondents

For Appellant(s) : Mr. Rizwan Ahmed through V.C.

For Respondent(s)        :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

18/01/2022

Appellant-Insurance Company has assailed the judgment dated

23.07.2021 passed by Motor Accident Claim Tribunal & Special Court

(2 of 2) [CMA-1945/2021]

Communal Riots, Jaipur Metoropolitan, Jaipur in claim case

No.497/2015 whereby compensation of Rs.8,630/- has been awarded.

Since compensation amount is less than Rs.10,000/-, the Office has

pointed out defect that appeal is not maintainable.

Counsel for appellant-Insurance Company submits that vide

impugned judgment dated 23.07.2021, apart from present claim case

No.497/2015, as many as seven other claim petitions were also decided

against appellant-Insurance Company. Against other claim petitions,

separate appeals have been filed, which have already been admitted for

hearing by this Court vide order dated 11.01.2022. Counsel for

appellant-Insurance Company fairly submits that in view of fact that

awarded compensation is less than Rs.10,000/- he will not press the

present appeal. However withdrawal of this appeal may not affect rights

of Insurance Company to assail findings/impugned judgment dated

23.07.2021 while pursuing other appeals filed in relation to other claim

cases against the same judgment.

In view of above, instant appeal is dismissed as not press.

However, it is made clear that dismissal of this appeal will not affect

rights of Insurance Company to pursue other appeals against judgment

dated 23.07.2021 in relation to other claim petitions.

Stay application and all other pending applications, if any, are also

disposed of.

(SUDESH BANSAL),J

TN/30

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