United India Insurance Company ... vs Prembai W/O Kailash Chand
2022 Latest Caselaw 6280 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

         1. S.B. Civil Miscellaneous Appeal No. 2352/2022

United India Insurance Company Ltd.,
                                                                   ----Appellant
                                   Versus
Prembai & Ors.
                                                                ----Respondents

2. S.B. Civil Miscellaneous Appeal No. 2353/2022

United India Insurance Company Ltd.

----Appellant Versus Daulatram & Ors.

----Respondents

3. S.B. Civil Miscellaneous Appeal No. 2354/2022

United India Insurance Company Ltd.

----Appellant Versus Nainjiram & Ors.

----Respondents

For Appellant(s) : Mr. Lokesh Parihar Advocate.

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

21/09/2022

All these appeals arises out of the common award dated

20.06.2022 passed by the Motor Accident Claims Tribunal,

Jhalawar (Raj.) by which the claim petitions filed by the claimants-

respondents have been allowed and the appellant-Insurance

Company has been directed to pay the amount of compensation.

Counsel for the appellant submits that no FIR of the accident

was lodged. No postmortem report of the deceased was available

(2 of 2) [CMA-2352/2022]

on record to show that the deceased has died on account of any

injury sustained in an accident. Counsel further submits that even

no injury report was placed on record to indicate that the injured

person had sustained injuries in a motor accident. Counsel

submits that overlooking these aspects, Tribunal has passed the

impugned award.

Issue notice to the respondents. Rule is made returnable

within four weeks.

Send for record of the Tribunal.

Appellant-Insurance Company is directed to deposit entire

amount of award with the Tribunal within a period of four weeks

from today. Tribunal is further directed not to disburse the amount

to the claimants-respondents without prior permission of this

Court.

(ANOOP KUMAR DHAND),J

Sanjay Kumawat-43-44-45

Powered by TCPDF (www.tcpdf.org)