Rajasthan High Court - Jodhpur
The New India Assurance Co. Ltd vs Jaibala on 11 May, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Misc. Appeal No. 319/2020
The New India Assurance Co. Ltd, The Incharge, Tp Claims Hub,
Abhay Chambers, Jalori Gate, Jodhpur.
----Appellant
Versus
1. Jaibala D/o Suresh Kumar, B/c Brahmin, R/o Barloot,
Tehsil And District Sirohi.
2. Dheera Ram @ Dheeraj S/o Neemba Ram, aged major,
B/c Devasi, R/o Barloot, Tehsil And District Sirohi.
(Driver Of Auto Rickshaw Bearing No. Rj24-Pa-0297)
3. Sava Ram S/o Kala Ji Mali, aged major, R/o Barloot, Tehsil
And District Sirohi.
(Owner Of Auto Rickshaw Bearing No. Rj24-Pa-0297)
4. Kalyan Singh S/o Ajeet Singh, B/c Rajput, R/o Chaduaal,
Tehsil And District Sirohi.
(Owner And Driver Of Tractor No. Rj11-R-1622)
----Respondents
For Appellant(s) : Mr. Vipul Singhvi.
For Respondent(s) : Mr. Ravi Panwar.
Mr. Naresh Singh for Mr. Rakesh
Arora.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/05/2022
I.A. No.2/2022:
The case comes up on an application (Inward No.1/2022) for
early listing of the case.
For the reasons mentioned in the application, the same is
allowed.
With the consent of the parties, the matter is taken up today
itself.
(2 of 3) [CMA-319/2020]
I.A.No.1/2020:
The case comes up on an application (Inward No.1/2020)
preferred under section 5 of the Limitation Act for condonation of
delay occasioned in filing the appeal.
Despite notice, no reply to the application seeking
condonation of delay has been filed by the respondents.
For the reasons mentioned in the application, the same is
allowed. The delay of 20 days caused in filing the appeal is
condoned.
Heard learned counsel for the appellant on the main appeal.
Issue notice.
Mr. Ravi Panwar, Mr. Rakesh Arora and Mr. Richin Surana,
Advocates have put in appearance on behalf of respondent Nos.1,
3 & 4.
Issue notice to respondent No.2, only returnable on
07.07.2022.
Heard learned counsel for the appellant on the stay
application.
The counsel for the appellant submits that learned tribunal
has fastened the liability of entire fault on the Auto-rickshaw
driver insured with the appellant whereas the facts clearly show
that the Auto-rickshaw met with an accident with a tractor coming
from the opposite direction. The tractor was being driven rashly
and negligently but the entire fault has been fastened on the
driver of the taxi insured with the appellant. He, therefore,
submits that the compensation awarded for the injuries suffered
by the claimants cannot be ordered to be payed by appellants only
on the principle of contributory negligence.
The matter requires consideration.
(3 of 3) [CMA-319/2020]
Admit.
Call for the record.
In the meanwhile and till the next date of hearing, effect
and operation of the judgment and award dated 02.09.2019
passed by Judge, Motor Accident Claims Tribunal, Sirohi in M.A.C.
Case No.186/2016 shall remain stayed subject to the condition
that the appellant deposits an amount of Rs.2,25,000/- (Rupees
Two lacs Twenty Five Thousand only) with interest before the
tribunal within a period of four weeks from today. On depositing
the said amount, the same shall be disbursed to the claimants in
accordance with law.
The amount of Rs.2,25,000/- with interest shall include the
amount already deposited by the appellant-company as per the
proviso of Section 173 and Section 140 of the Motor Vehicles Act.
After disbursement of the amount to the claimants, the
record of the case be sent to this court.
(VINIT KUMAR MATHUR),J
144-AnilSingh/-
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