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Rajasthan High Court · body

2021 DIGILAW 2333 (RAJ)

New India Assurance Co. Ltd. v. Manju Sharma

2021-12-15

SUDESH BANSAL

body2021
ORDER S.B. Civil Misc. Appeal No. 963/2020 1. This is an appeal filed by the appellant Insurance Company assailing the judgment and award dated 13.11.2019 passed by learned Judge, MACT-2, Udaipur in Claim Cases No.284/2018,whereby compensation to the tune of Rs. 3,58,187/- with interest @6% per annum from 09.10.2017 has been awarded in favour of the respective respondent-claimants. 2. The counsel for appellant Insurance Company submits that insured vehicle No. RJ-09-GA-9002 was parked in stationary position when another vehicle Innova Car No.RJ-09-UA-6050 collided with the stationary insured vehicle from the back. Therefore, it is a case of negligence on the part of driver of the Innova Car and Insurance Company is not liable to pay the compensation. 3. Heard. 4. Admit. 5. Since the learned counsel for respondent-claimant has put in appearance, notices need not be issued. 6. Issue notices to respondents No.2 & 3 only. 7. Heard on the stay application. 8. In case the appellant Insurance Company deposits the entire compensation amount along with interest till date of deposition, before the Tribunal, within a period of four weeks, the execution of the award shall remain stayed. Out of the amount so deposited, Rs.3,00,000/- would be disbursed to the claimants and remaining amount shall be kept in FDR initially for a period of three years subject to removal from time to time. 9. With the above observations, the stay application is disposed of. 10. The record of the case be sent back to the Tribunal to undertake the proceedings of deposition on disbursement of the compensation amount as stated above. 11. It is expected that after completion of the proceedings of disbursement, the record be sent back to this Court. S.B. Civil Misc. Appeal No. 962/2020 12. This is an appeal filed by the appellant Insurance Company assailing the judgment and award dated 13.11.2019 passed by learned Judge, MACT-2, Udaipur in Claim Cases No.285/2018, whereby compensation to the tune of Rs. 22,500/- with interest @6% per annum from 09.10.2017 has been awarded in favour of the respective respondent-claimants. 13. The counsel for appellant Insurance Company submits that insured vehicle No. RJ-09-GA-9002 was parked in stationary position when another vehicle Innova Car No.RJ-09-UA-6050 collided with the stationary insured vehicle from the back. Therefore, it is a case of negligence on the part of driver of the Innova Car and Insurance Company is not liable to pay the compensation. 14. Heard. The counsel for appellant Insurance Company submits that insured vehicle No. RJ-09-GA-9002 was parked in stationary position when another vehicle Innova Car No.RJ-09-UA-6050 collided with the stationary insured vehicle from the back. Therefore, it is a case of negligence on the part of driver of the Innova Car and Insurance Company is not liable to pay the compensation. 14. Heard. 15. Admit. 16. Since the learned counsel for respondent-claimant has put in appearance, notices need not be issued. 17. Issue notices to respondents No. 2 & 3 only. 18. Heard on the stay application. 19. In case the appellant Insurance Company deposits the entire compensation amount of Rs. 22,500/- along with interest till date of deposition, before the Tribunal, within a period of four weeks, the execution of the award shall remain stayed. The amount so deposited would be disbursed to the claimants subject to decision of the appeal. 20. With the above observations, the stay application is disposed of. 21. The record of the case be sent back to the Tribunal to undertake the proceedings of deposition on disbursement of the compensation amount as stated above. 22. It is expected that after completion of the proceedings of disbursement, the record be sent back to this Court.