Rajasthan High Court - Jodhpur
National Insurance Co. Ltd vs Mani Ram @ Munni Lal on 13 August, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2088/2018
National Insurance Co. Ltd. , Manager, Branch Office, Near Alok
Cinema, Churu Through Its Authorised Signatory At Sun Tower,
3Rd And 4Th Floor, Pal Road, Jodhpur. (Insurer Of Tractor No. Rj-
10-Ra-3386)
----Appellant
Versus
1. Mani Ram @ Munni Lal , Aged About 71 Years, By Caste -
Bhargav, R/o Dakoton Ka Baas, Bidasar, Police Station -
Chhapar, Tehsil - Sujangarh.
2. Smt. Rukmani Devi , Aged About 65 Years, By Caste -
Bhargav, R/o Dakoton Ka Baas, Bidasar, Police Station -
Chhapar, Tehsil - Sujangarh.
3. Sukha Ram , Aged About 47 Years, By Caste - Jat, R/o
Magra Baas, Ladnoon, Police Station- Landoon, Dist. -
Nagaru. ( Driver Of Tractor No Rj-10-Ra-3386)
4. Smt. Parma Devi , By Caste - Jat, R/o Dunkar, Tehsil -
Sujangarh, Distt - Nagaur. (Owner Of Tractor No. Rj-10-
Ra-3386)
5. Smt. Jyoti , Aged About 24 Years, D/o Bajrang Lal, By
Caste - Bhargav, R/o Near Tehsil Office, Data Ramgarh,
Dist. Sikar.
----Respondents
For Appellant(s) : Mr. Santosh Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 13/08/2018 It is submitted by learned counsel for the appellant that in the evidence, which came on record, the involvement of the insured vehicle was not proved, inasmuch as, the version in the application and the statement of the so called eye-witness were (2 of 2) [CMA-2088/2018] totally contradictory to each other and, therefore, the Insurance Company could not be held liable.
In view of the submissions made, admit. Issue notice. Issue notice of the stay application also, returnable in six weeks.
Notices when issued be given 'dasti' to the learned counsel for the appellant.
In the meanwhile and until further orders, if the appellant- Insurance Company deposits 50% of the award impugned alongwith interest as awarded by the Tribunal within a period of six weeks, after taking into consideration any amount deposited under Section 140 and/or proviso to Section 173(1) of the Motor Vehicle Act, 1988, the rest of the award shall remain stayed.
The amount when deposited be disbursed to the claimant/s in terms of the award.
Connect to SBCMA No.2134/2018.
(ARUN BHANSALI)J. PKS-165 Powered by TCPDF (www.tcpdf.org)