Sbi General Insurance Co. Ltd vs Mukesh Nahata
2022 Latest Caselaw 12554 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 442/2022 Sbi General Insurance Co. Ltd., Corporate And Registered Office Natraj 101, 201 And 301 Junction Of Western Express Highway, Andheri Kurla Road, Post- Andheri East, Mumbai- 400069 (Maharashtra) (Insurer Of Vehicle No. Rj-05-Ga-8144)

----Appellant Versus

1. Mukesh Nahata S/o Late Shri Parasmal Nahata, Aged About 44 Years, R/o Balotra, District Barmer.

2. Rahul Nahata S/o Late Shri Parasmal Nahata, Aged About 42 Years, R/o Balotra, District Barmer.

3. Lalit Nahata S/o Shri Prasmal, Aged About 40 Years, R/o Balotra, District Barmer.

4. Jitendra Singh S/o Shri Sugad Singh, R/o Bummari Mudia, Tehsil Bayana, District Bharatpur (Raj.) (Driver Of Vehicle No. Rj-05-Ga-8144)

5. Sanjay Kumar Jain S/o Shri Kanhiya Lal, R/o 1966 Pandit Shivdan Ji Ka Rasta, Kishan Pol, Post- Jaipur (Raj.) (Owner Of Vehicle No. Rj-05-Ga-8144)

----Respondents

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

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/10/2022

Heard.

Admit.

Issue notice.

Mr. Anil Bhandari, Advocate has put in appearance on behalf

of respondents No.1 to 3.

(2 of 2) [CMA-442/2022]

Issue notice to respondent No.4 only, returnable within a

period of four weeks.

The counsel for the appellant prays for dispensing with

service of notice upon respondent No.5 on his risk and cost.

Accordingly, service of notice upon respondent No.5 is

dispensed at the risk and cost of counsel for the appellant.

In the meanwhile and till the next date of hearing, effect and

operation of the judgment and award dated 18.09.2021 passed by

Judge, Motor Accident Claims Tribunal, Balotra (Raj.) shall remain

stayed subject to the condition that the appellant shall deposit

50% of the amount awarded along with interest by the Tribunal

vide judgment and award dated 18.09.2021 within a period of four

weeks.

The Tribunal shall disburse the amount so deposited by the

appellant Insurance Company to the claimants in accordance with

law.

Needless to say that 50% amount will be inclusive of the

amount deposited by the appellant under section 140 and proviso

to section 173 of the Motor Vehicle Act, 1988.

(KULDEEP MATHUR),J 61-KshamaD/-

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