National Insurance Company ... vs Govind
2022 Latest Caselaw 12614 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1873/2022

National Insurance Company Limited, Branch Commercial Area, Banswara Through Its Regional Manager, National Insurance Co. Ltd. Pal Road, Jodhpur.

----Appellant Versus

1. Govind S/o Shri Mani Lal Pargi, Aged About 38 Years, R/o Madkola House Tehsil Anandpuri District Banswara.

2. Smt. Kalpana W/o Govind Pargi, Aged About 32 Years, R/ o Madkola House Tehsil Anandpuri District Banswara.

3. Naresh Kotheri S/o Shri Gerlal, R/o 2/117, Khandu Colony, Banswara, Tehsil And District Banswara. (Owner Of Tractor No. Rj-03R-1653)

4. Kanti Lal S/o Shri Vagaji Ninama, R/o Chandragarh Bajana, District Ratlam (Mp) (Driver Of Tractor No. Rj- 03R-1653)

5. Dinesh S/o Shri Vagaji Ninama, R/o Chandragarh Bajana, District Ratlam (Mp)

----Respondents

For Appellant(s) : Mr. Anil Kaushik For Respondent(s) : Mr. RS Bhati

HON'BLE MR. JUSTICE FARJAND ALI

Order

20/10/2022

Heard.

Admit.

Mr. R.S. Bhati has put in appearance on behalf of the

respondents-claimants.

Issue notice of the appeal as well as stay application to the

respondent Nos.3 to 5 only.

Call for record.

(2 of 2) [CMA-1873/2022]

Heard on ad-interim stay.

Learned counsel for the appellant submits that a serious

question is involved in this matter as the driver of the vehicle was

not having a valid and effective license at the time of the accident.

The accused driver came to be charge-sheeted for the offences

under Sections 279, 304-A IPC and 3/181 of M.V. Act and the

Investigating Officer has also been produced before the Tribunal

as a witness to prove the fact that at the time of accident the

driver was not having a valid and effective driving license.

The matter requires consideration.

Thus, it is ordered that if the appellant deposits 50 per cent

of the compensation as awarded by the learned Tribunal vide

order dated 30.07.2022 passed by learned Family Court,

Banswara in Claim Case No.375/2017 (69/2014) along with

interest within a period of two months from today, the execution

and recovery of the rest of the amount shall be stayed.

It is made clear that manner and proportion of the

disbursement shall remain same, as mentioned in the impugned

judgment by the learned Tribunal and any amount deposited

previously by the appellant, shall be adjusted toward the said

amount.

(FARJAND ALI),J 23-Anshul/-

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