Shriram General Insurance Co. Ltd vs Guddi
2022 Latest Caselaw 13524 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 380/2022

Shriram General Insurance Co. Ltd., E-8, Riico, Industrial Area, Sitapur, Jaipur

----Appellant

Versus

1. Guddi W/o Keshu Ram @ Keshu Ninama, Aged About 20 Years, Chhayan Badi, District Banswara

2. Anisha D/o Keshu Ram @ Keshu Ninama, Chhayan Badi, District Banswara

3. Kanji @ Kaniya S/o Bhemaji Ninama, Chhayan Badi, District Banswara

4. Chhagan W/o Kanji @ Kaniya, Chhayan Badi, District Banswara

5. Ramkishan Ninama S/o Gautam Ninama, Salvania, P.s. Badi Sarvan, District Ratlam

6. Tola Ram S/o Ditiya Maiyda, Rampuria, P.s. Badi Sarvan, District Ratlam (Mp)

----Respondents

For Appellant(s) : Mr. Vishal Singhal For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

18/11/2022

Heard.

Learned counsel for the appellant-Insurance company submits

that in the present case, the claimants have failed to discharge their

burden to prove the negligence of the driver of the insured tractor. On

the contrary, the material available on record clearly establishes that

the accident took place on account of sole negligence of the deceased

himself, who was driving the motor cycle in rash and negligent manner

and hit behind the insured tractor running ahead, therefore, the

(2 of 2) [CMA-380/2022]

appellant-Insurance Company cannot be held liable to indemnify the

awarded amount. In support of his arguments, learned counsel for the

appellant-Insurance Company has relied upon the judgment of the

Hon'ble Supreme Court delivered in the case of Nishan Singh & Ors. vs.

Oriental Insurance Co. Ltd. Through Regional Manger & Ors reported in

2018 (1) RAR 129 (SC).

The matter requires consideration.

Admit.

Service of notice upon respondent No.5 is dispensed with.

Issue notice to the respondents. Issue notice of stay application

also, returnable within six weeks.

Call for the record.

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

considered appropriate and hence ordered that in the meanwhile, if the

appellant deposits 50% of the award amount, along with the interest as

mentioned in the impugned award before the Tribunal within a period of

one month, the recovery of the remaining amount under the impugned

award dated 10.02.2021 shall remain stayed.

The deposited amount may be disbursed to the claimants in the

manner and proportion as contemplated in the impugned 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

17-Bharti/-

Powered by TCPDF (www.tcpdf.org)