United India Insurance Company ... vs Godawari
2022 Latest Caselaw 7661 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 630/2022 United India Insurance Company Limited, Through Its Legally Constituted Authourity, T.p. Hub, 74 A, Bhati-N Plaza, Pal Road, Jodhpur.

----Appellant Versus

1. Godawari W/o Sh. Pokar Ram, B/c Meghwal, R/o Village Eyara Tehsil Bidasar, Distt. Churu.

2. Pokar Ram S/o Bhaira Ram, B/c Meghwal, R/o Village Eyara Tehsil Bidasar, Distt. Churu.

3. Smt. Jhuma Devi W/o Late Sh. Sita Ram, B/c Meghwal, R/o Village Eyara Tehsil Bidasar, Distt. Churu.

4. Mst. Bhagwani D/o Late Sh. Sita Ram, Minor, Through Their Natural Guardian Mother Smt. Jhuma Devi. B/c Meghwal, R/o Village Eyara Tehsil Bidasar, Distt. Churu.

5. Mst. Draupati D/o Late Sh. Sita Ram, Minor, Through Their Natural Guardian Mother Smt. Jhuma Devi. B/c Meghwal, R/o Village Eyara Tehsil Bidasar, Distt. Churu.

6. Babu Lal S/o Ram Karan Vishnoi, R/o House No. 64, Baniya Mohalla Baniya, Tehsil Nokha, Distt. Bikaner. (Owner)

7. Jai Sukh Ram S/o Ram Sukh Vishnoi, R/o Village Jaysinghdesar, Magra, Ps Panchu, Tehsil Nokha, Distt.

        Bikaner (Driver)
                                                                ----Respondents


For Appellant(s)         :     Mr. Jadish Vyas,
                               Mr. Deepak Vyas
For Respondent(s)        :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

23/05/2022

Heard.

Admit.

Issue notice to the respondents. Issue notice of stay

application also, returnable within six weeks.

Call for the record.

Heard on stay application.

                                                                             (2 of 2)               [CMA-630/2022]



                                         Learned   counsel     for    the     appellant-Insurance     Company

submits that the learned Tribunal has wrongly held that the

appellant-Insurance Company is liable to pay the compensation

amount while considering that the deceased was representatives

of the owner of the goods.

It is submitted that the vehicle in question was insured as

the goods carrying commercial vehicle and the policy was "An Act

Policy" wherein the risk of the deceased who was traveling in the

vehicle, was not covered. However, the learned Tribunal has

wrongly fastened the liability to pay the compensation upon the

appellant-Insurance Company considering that the deceased was

the representative of the owner of the goods whereas no kind of

goods were actually being carried in the vehicle in question at the

time of accident.

In support of his contention, the learned counsel for the

appellant-Insurance Company has relied upon the judgment of the

Hon'ble Supreme Court delivered in the case of National Insurance

Company Ltd. vs. Savitri Devi & Ors. reported in (2013) 11 SCC

554 and judgment of this Court delivered in the case of Gautam &

Another vs. Meena and other reported in 2021 (2) RAR 737 (Raj.).

In the facts and circumstances of the case, in the meanwhile

and until further orders the effect and operation of the impugned

award dated 04.12.2021 quo the appellant-Insurance Company

shall remain stayed.

(MADAN GOPAL VYAS),J 9-neha/-

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