Rajasthan High Court - Jodhpur
United India Insurance Company Limited vs Sarswati on 17 December, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1507/2020
United India Insurance Company Limited, Through Its Legally
Constituted Authority, T.p. Hub, 74A, Bhati N Plaza, Pal Road,
Jodhpur.
----Appellant
Versus
1. Sarswati W/o Late Omprakash, R/o Village Badi Jasolai,
Bikaner.
2. Mst. Varsha D/o Late Omprakash, (Minor) Minor
Represented Through Natural Guardian Mother Smt.
Sarswati. R/o Village Badi Jasolai, Bikaner.
3. Mst. Vasundhara D/o Late Omprakash, (Minor) Minor
Represented Through Natural Guardian Mother Smt.
Sarswati. R/o Village Badi Jasolai, Bikaner.
4. Devesh S/o Late Omprakash, (Minor) Minor Represented
Through Natural Guardian Mother Smt. Sarswati. R/o
Village Badi Jasolai, Bikaner.
5. Mst. Hemlata D/o Late Omprakash, (Minor) Minor
Represented Through Natural Guardian Mother Smt.
Sarswati. R/o Village Badi Jasolai, Bikaner.
6. Smt. Laxmi Devi W/o Poonamchand, R/o Village Badi
Jasolai, Bikaner.
7. Aasuram S/o Kheraj Ram Jat, R/o Chohtan Agore, Ps And
Tehsil Chohtan, District Barmer (Owner Cum Driver)
----Respondents
For Appellant(s) : Mr. Jagdish Vyas (through VC)
For Respondent(s) : Mr. Sanjay Nahar (through VC)
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 17/12/2020 Heard learned counsel for the parties. It is submitted by learned counsel for the appellant with reference to the site map that there was contributory negligence (Downloaded on 17/12/2020 at 08:48:21 PM) (2 of 2) of the deceased, however, the Tribunal has not dealt with the matter appropriately.
In view of the submissions made, admit. Issue notice. As Mr. Sanjay Nahar, learned counsel appears on caveat on behalf of the respondents-claimants and there is no dispute about liability of the appellant-Insurance Company, the requirement of service on all the respondents is dispensed with.
Heard on stay application.
During the pendency of the appeal, if the appellant- Insurance Company deposits a sum of Rs.18 lakh alongwith interest as awarded by the Tribunal within a period of six weeks, the rest of the award shall remain stayed.
The amount, when deposited, be disbursed to the claimants in terms of the award.
The stay application stands disposed of.
(ARUN BHANSALI),J 7-Rmathur/-
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