Dismissed

United India Insurance Co. Ltd. v. Smt Gora Devi and Anr.

Rajasthan HC25 Oct 2021CMA/242/2018

Case brief

AI extract

What is this about?

In an appeal challenging liability after a motor accident, the High Court held that since the deceased driver could not be produced to verify the license and the accident occurred during employment, no question of law arose. The appeal, filed under the Workmen’s Compensation Act, was dismissed as devoid of legal issue.

What did the court decide?

Appeal dismissed with no relief granted to the appellant.

United India Insurance Co. Ltd. Vs Smt Gora Devi and Anr. — Insurance | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Civil Miscellaneous Appeal No. 242/2018

¶4

United India Insurance Company Ltd., Having Its Regional Office At Sahara Chamber, Tonk Road, Jaipur Through Tp Claim Hub, 93 Sapphire Centre, Ajmer Road, Jaipur Through Its Constituted Attorney

¶5

----Appellant

¶6

Versus

¶7

I. Smt. Gora Devi W/o Late Bajranglal, R/o Natho Ka asa an, S i ro h i , Te h s i l ,Pj eiwpilJ "Biigtt. % ke4 8~8inik~~aj a 2 %., ,.A T&=:&@- .ev+$ 9 .A0& a2u9 $'$& **:*<r** - 2. ~amavatar.~hp,J&hr~ ~~2.~ %+ S/o ~a~d'[email protected]~, % f+ R/o Village ~aroni~,de,bs/I Tonk, Distt. Tonk Raj _5, pg_ **_%YF_ pi-&** % **v::** %.# **_2%_** %. J ---?Respondents **_Q,&f_** ,&\ W$M, _'2%_ For A nt(s> : Mr. Rishipal Agrawal

¶8

has been awarded in favBiYO~~~~eci-;ants %,.,. ,. on account of death %. w% .nw. I .Y.VW, y,p1 ' ", _i"W%W&_ $a EL-:, ,& ?ex>-" .". d&qd11;+$ 4 '&am$& of the driver of the vehmle !3brar~?oh3ajsang on 20th September, 2013.

¶9

Learned counsel for the appellant submits that a question of law is required to be examined in this appeal as to whether the appellant can be burdened with the liability even when the driving license was not produced and a presumption cannot be drawn that the concerned person deceased was having valid and effective driving license.

¶10

Admittedly after perusing the record and the judgment passed by the Commissioner under the Workmens' Compensation Act, this Court finds that the ex parte proceedings were initiated against the owner of the vehicle. So far as the Insurance Company is concerned, it did not produce the investigation report nor it produced any verification report from the RTO, Tonk in support of their submission that the driving license was not valid. The claimant has been,.,a -. " =- $8" - k, n employee and a driver ofi-ttjw,owner of the t,,Jtg &** 4#% ring the course of employment he\exe$\red while %$p an accident the vehicle stood duly insurd. P2"1, In the circumstances, it c is any question of law involved as suggest appellant.

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Since it is a p is required to be proved whether the d alid driving license, it is a settled proposit rty which makes or asserts a claim has to be ion in the court. The onus cannot be shifte cannot be possibly in a position to produce a deceased after his death. .%*w::*w *$' 9 * *-+ *yy ".r, + 5. In view thereof, Iqqq~$ed;.f~Lhfourofthe respondents

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on account of death of the deceased driver cannot be said to be unjustified or based on any illegal grounds. Since the appeal does not involve any question of law, in view of the provisions of Section 30 of the Act of 1923, the same deserves to be dismissed and it is accordingly dismissed.

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6. All pending applications, if any, stand disposed of.

¶14

(SANJEEV PFj!AWH SI-IARMA),J

United India Insurance Co. Ltd. v. Smt Gora Devi and Anr.

Case brief

What is this about?

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United India Insurance Co. Ltd. v. Smt Gora Devi and Anr.

Case brief

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