Rajasthan High Court - Jodhpur
National Insurance Co. Ltd vs Rehana Praveen (2025:Rj-Jd:6397) on 3 February, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:6397]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2734/2024
National Insurance Co. Ltd., Through Incharge, T.p. Claims Hub,
4Th Floor, Sun Tower, Main Pal Road, Jodhpur. (Insurere Of Car
No Rj 22 Ta 1958)
----Appellant
Versus
1. Rehana Praveen W/o Late Altaf Hussain, Aged About 33
Years, Resident Of Vijaynagar, Falna Sation, Sub Division
Bali, District Pali Rajasthan.
2. Sania Gauri D/o Late Altaf Hussain, Aged About 10 Years,
Minor Through Natural Guardian Mother Rehana Praveen,
Resident Of Vijaynagar Falna Sation Sub Division Bali
District Pali Rajasthan
3. Aarina Gaur D/o Late Altaf Hussain, Aged About 6 Years,
Minor Through Natural Guardian Mother Rehana Praveen,
Resident Of Vijaynagar Falna Sation Sub Division Bali
District Pali Rajasthan
4. Aarshiya Gauri D/o Late Altaf Hussain, Aged About 5
Years, Minor Through Natural Guardian Mother Rehana
Praveen, Resident Of Vijaynagar Falna Sation Sub Division
Bali District Pali Rajasthan
5. Anil Kumar S/o Dalpat Raj, Resident Of Masjid Gali, Falna
Station, Sub Divusion Bali, Dist Pali Rajasthan. (Ower
Driver Of Car No Rj 22 Ta 1958)
----Respondents
For Appellant(s) : Mr. Rishi Chouhan
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
03/02/2025
1. The present appeal has been filed aggrieved of the impugned
judgment and award dated 26.06.2024 passed by the Motor
[2025:RJ-JD:6397] (2 of 3) [CMA-2734/2024]
Accident Claims Tribunal, Bali, District Pali in MAC Case
No.18/2016 whereby the learned Tribunal passed an award for an
amount of Rs.46,02,785/- in favour of the respondent-claimant
Nos.1 to 3 with interest at the rate of 9% per annum from the
date of filing of the claim petition i.e. 07.04.2016.
2. The appeal has been filed on two grounds: firstly that the
FIR in question was submitted after a delay of 8 days from the
accident and secondly, the interest as awarded by the learned
Tribunal is on the higher side.
3. Learned counsel for the appellant submits that the prevailing
rate of interest is 6% and hence, the same deserves to be
modified.
4. Heard the counsel and perused the order impugned.
5. So far as the ground of delay as raised by counsel for the
appellant is concerned, the learned Tribunal specifically observed
that the deceased remained hospitalized in trauma Centre (ICU)
for the period from 30.10.2015 to 07.11.2015. The date of
accident is admittedly 30.10.2015.
6. In view of the above specific fact of the deceased being
hospitalized for more than a period of seven days before his
death, the delay caused in lodging the FIR cannot be said to be
such so as to hold anything against the claimants.
7. So far as the rate of interest is concerned, this Court does
not find any ground to interfere with the rate of 9% of interest as
awarded by the learned Tribunal. The impugned judgment and
award does not deserve any interference and the appeal is hence,
dismissed.
[2025:RJ-JD:6397] (3 of 3) [CMA-2734/2024]
8. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
27-KashishS/-
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