The New India Assurance Co. Ltd vs Jeeya
2022 Latest Caselaw 7798 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 821/2022

The New India Assurance Co. Ltd., In-Charge, T.p. Claims Hub, Divisional Office I, Abhay Chambers, Jalori Gate, Jodhpur, Through Its Authorized Representative.

----Appellant Versus

1. Jeeya W/o Late Sh. Deenu Khan, B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

2. Mst. Sat Bai D/o Late Sh. Deenu Khan, (Minor) Minor Represented Through Next Friend And Guardian Mother Smt. Jeeya. B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

3. Loona Khan S/o Late Sh. Deenu Khan, (Minor) Minor Represented Through Next Friend And Guardian Mother Smt. Jeeya. B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

4. Mst. Rajna D/o Late Sh. Deenu Khan, (Minor) Minor Represented Through Next Friend And Guardian Mother Smt. Jeeya. B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

5. Husain S/o Late Sh. Deenu Khan, (Minor) Minor Represented Through Next Friend And Guardian Mother Smt. Jeeya. B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

6. Salim S/o Late Sh. Deenu Khan, (Minor) Minor Represented Through Next Friend And Guardian Mother Smt. Jeeya. B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

7. Smt. Sindhani W/o Sh. Husain, B/c Muslim, R/o Village Bhalisar, Ps Dhorimana, District Barmer.

8. Mustak Ali S/o Majid Khan, R/o Maji Ka Talla, Kundarpura, Ps Sedwa, District Barmer. (Driver)

9. Mubarak Khan S/o Khabad Rajad, R/o Kakosi Char Rasta, Highway Road, Sihdpur, Tehsil And District Patan, Gujrat. Presently Residing At Old Power House, Ward No. 3, Sachore, District Barmer. (Owner)

----Respondents

(2 of 3) [CMA-821/2022]

For Appellant(s) : Mr. Jagdish Vyas For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

24/05/2022

Heard.

Admit.

Issue notice to the respondents. Issue notice of the stay

application also, returnable six weeks.

Call for the record.

Heard learned counsel for the parties on stay application.

Learned counsel appearing for the appellant-Insurance

Company vehemently argued that though the learned tribunal has

fastened the liability of Rs.5,13,454/- alongwith interest @ 12%

per annum upon the appellant-insurance company, but since the

involvement of offending vehicle in question under the shadow of

doubt, therefore, the effect, operation & execution of the

impugned judgment and award deserves to be stayed qua the

appellant-insurance company.

Having regard to the facts and circumstances of the case, it

is considered appropriate and hence ordered that if the appellant-

Insurance Company deposits 50% of Rs.5,13,454/- alongwith

interest @ 7% within a period of two months from today, the

recovery of the remaining amount from the appellant-insurance

company under the impugned award dated 24.2.2022 shall remain

stayed.

The deposited amount may be disbursed to the claimants in

the manner and proportion as contemplated in the impugned

(3 of 3) [CMA-821/2022]

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 107-neha/-

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