Rajasthan High Court - Jodhpur
Rajasthan State Road Transport Corp vs Kanhaiyalal on 29 May, 2019
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3315/2018 Rajasthan State Road Transport Corp. through Chief Manager, Sardarshahar, District Churu (Rajasthan) (Owner Bus)
----Appellant Versus
1. Kanhaiyalal S/o Shri Ramnarayan,
2. Ramnarayan S/o Shri Surjaram,
3. Sitadevi W/o Shri Ramnarayan, All B/c Jat, R/o Dhani Kalera, Tehsil Sardarshahar, District Churu (Raj.) (claimants)
4. Pratapsingh S/o Shri Sibharsingh, B/c Jat Sikh, R/o Ganesh Chowk Indira Colony, Police Thana Bichchhaval Bikaner through Chief Manager, Rajasthan State Road Transport Corporation, Depot Sardarshahar, District Churu (Rajasthan) (Driver of Bus)
----Respondents For Appellant(s) : Mr. L.K. Purohit For Respondent(s) : -
JUSTICE DINESH MEHTA Order 29/05/2019 From the cross-examination of the claimant No.1 Kanhaiyalal, husband of the deceased Smt. Suman, Mr. Purohit, learned counsel for the appellant pointed out that husband of the deceased had himself deposed during his cross-examination that despite his marriage about two years prior to the incident, his wife used to live with her parents as Muklava had not taken place. It has also been pointed out from the cross-examination of such witness that the deceased was studying in second year. (Downloaded on 05/06/2021 at 06:27:43 AM)
(2 of 2) [CMA-3315/2018] Highlighting these facts Mr. Purohit argues that it cannot be believed that the claimants Kanhaiyalal, Ramnarayan, Sitadevi (husband, father-in-law and mother-in-law of the deceased) were dependent upon deceased Smt. Suman.
Matter requires consideration. Admit.
Issue notice. Issue notice of stay application also. Send for the record.
Meanwhile, effect and operation of the judgment and award dated 23.08.2018, passed by the Motor Accident Claims Tribunal, (Sardarshahar Area), Churu in Motor Accident Claim Case No.89/2016(123/2014) shall remain stayed.
(DINESH MEHTA),J 14-Ramesh/-
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