Reliance General Insurance Co. ... vs Balbeer
2023 Latest Caselaw 180 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 1964/2022

Reliance General Insurance Co. Ltd.

----Appellant Versus Balbeer

----Respondent

For Appellant(s) : Mr. Vishal Singhal

HON'BLE MS. JUSTICE REKHA BORANA

Order

05/01/2023

An application has been preferred for dispensation of

certified copy of the judgment and award dated 15.07.2022.

In view of the fact that the certified copy of the award has

been placed on the record in S.B. Civil Misc. Appeal No.

2105/2022, filing of the same is dispensed with in the present

appeal.

Learned counsel for the appellant submits that learned

Tribunal has wrongly imputed 60% of liability on the appellant-

Insurance Company.

Admit.

Issue notice. Notice be made returnable within a period of

four weeks.

Service of respondents-Drivers is dispensed with at the risk

and cost of the appellant.

Stay

It is clear that the issue is pertaining to negligence of the

two drivers and ultimately the liability of the corresponding

(2 of 2) [CMA-1964/2022]

Insurance Companies. The learned Tribunal has specifically

directed for 60% of the compensation amount to be paid by the

appellant-Insurance company and 40% by the respondent No.9-

Insurance company.

In view of the specific direction, the appellant company is

required to pay 60% of the compensation amount only.

The issue regarding liability cannot in any manner affect the

right of compensation of the claimants. Hence no case for stay is

made out in the present appeal.

The stay petition is therefore, dismissed.

List the matter along with S.B. Civil Misc. Appeal No.

2105/2022.

(REKHA BORANA),J 32-AbhishekS/-

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