United India Insurance Co. Ltd vs Sharda Devi
2022 Latest Caselaw 11689 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1616/2022

United India Insurance Co. Ltd, Through Its Manager, Having Its Office At Jay Shiv Chowk, Station Road, Makarana Tehsil Makarana, District Nagaur (Raj.) (Insurance Company Of Vehicle No. Rj 21 Sj 5486)

----Appellant Versus

1. Sharda Devi W/o Late Prema Ram, Aged About 29 Years, By Caste Jaat, Ward No. 6, Goredi Karna, Nagarapalika Degana, Tehsil Degana, District Nagaur, Raj.

2. Paru W/o Birmaram, Aged About 52 Years, By Caste Jaat, Ward No. 6, Goredi Karna, Nagarapalika Degana, Tehsil Degana, District Nagaur, Raj.

3. Rajveer Bhambu S/o Late Prema Ram, Aged About 10 Years, By Caste Jaat, Ward No. 6, Goredi Karna, Nagarapalika Degana, Tehsil Degana, District Nagaur, Raj. Through Natural Gaurdian Mother Smt. Sharda Devi.

4. Ranjeet Mundel S/o Govind Mundel, Aged About 40 Years, By Caste Jaat, R/o Gouredi Chancha, Tehsil Degana, District Nagaur (Owner Of Motorcycle Bearing Registration No. Rj-21-Sj-5486)

----Respondents

For Appellant(s) : Mr. Vinay Kothari Mr. Pradeep Singh Khichi For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

20/09/2022

Heard.

While relying upon the judgment of the Hon'ble Supreme

Court rendered in the case of Ningamma & Anr. Vs. United

India Insurance Co. Ltd. reported in (2009) 13 SCC 710,

(2 of 2) [CMA-1616/2022]

learned counsel for the appellant submits that the deceased

comes in the shoes of registered owner and cannot claim

compensation under the provisions of Section 163-A of the Motor

Vehicles Act.

Admit.

Issue notice of appeal as well as stay application, returnable

within a period of four weeks.

Till then, effect and operation of the judgment and award

dated 28.06.2022 passed by the learned Motor Accident Claims

Tribunal, Merta in Motor Accident Claim Case No.75/2021 (Sharda

Devi & Ors. Vs. Ranjeet Mundel & Anr.) shall remain stayed qua

the appellant.

(MADAN GOPAL VYAS),J 38-Hanuman/-

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