Rajasthan High Court - Jodhpur
N.I.C.Ltd vs Geeta Devi & Ors on 21 November, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:JUDGMENT:
National Insurance Company Ltd.
Versus
Geeta Devi & Others
(S.B. Civil Misc. Appeal No.4938/2011)
DATE OF JUDGMENT : November 21, 2011
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
_________________________________________
Mr. T.R. Singh for the appellant.
BY THE COURT :
In this appeal filed under Section 173, Motor Vehicles Act, 1988, the appellant insurance company has challenged the award dated 06.09.2011 to the extent that the Tribunal has committed an error while passing order to first disburse the amount and, thereafter, it can be recovered from the owner and driver of the vehicle.
After perusing the award impugned, I am of the opinion that the insurance company is not disputing the fact 2 of insurance of the vehicle in question with the appellant insurance company. Therefore, in view of the judgment reported in MACD 2005 (1) (SC) 218, National Insurance Company Vs. Srawan Singh, I am of the opinion that no case is made out for interference.
Hence, this miscellaneous appeal is hereby dismissed.
(Gopal Krishan Vyas) J.
Ojha, a.