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Rajasthan High Court · body

2012 DIGILAW 23 (RAJ)

New India Assurance Co. Ltd. v. Shankar Lal

2012-01-02

AJAY RASTOGI

body2012
Hon'ble RASTOGI, J.—One of the basic contentions advanced by the counsel is that registered owner of the offending vehicle was Madan Lal who was holder of policy in question and the deceased Suman Kumar Saini @ Sugnaram admittedly was the employee of Jai Singh and the incident is of 23rd October,2008 and the registration was transferred on 31st October,2008 and according to him admittedly on the date of accident which was of 23rd October,2008 the registered owner of the vehicle was Madan Lal who was not impleaded as party in the claim application filed before the Prescribed Authority and there was no relationship between the deceased and Madan Lal who was the person insured by the Insurance Company, as such the Insurance Company was not holding any liability to indemnify. 2. Heard. Admit. Issue notice of appeal and stay application. Notices may be given 'dasti', if desired. 3. In the meanwhile, operation of the order passed by the Prescribed Authority (Workmen Compensation Commissioner) dt. 31.10.2011, till further orders shall remain stayed. However, a sum of Rs.2,00,000/- (Rupees Two Lacs) out of the sum deposited by the Insurance Company may be released to the dependents of the deceased on furnishing their personal security and the balance amount be kept in FDRs in some nationalized bank. However, it will be subject to final outcome of the instant appeal.