Dismissed

National Ins Co. Ltd. v. Indradevi and Ors.

Rajasthan HC23 Jul 2024CMA/2073/2007

Case brief

AI extract

What is this about?

The Insurance Company appealed against MACT awards. The Court held that the issue was already decided in connected appeals where the awards were quashed and matters remanded to the Tribunal for fresh determination under Section 163-A of the Motor Vehicles Act, 1988. The present appeals were dismissed as infructuous.

What did the court decide?

Appeals dismissed as infructuous; Interlocutory applications allowed; Awards quashed and set aside; Liberty granted to Insurance Company to raise objections before Tribunal.

National Ins Co. Ltd. Vs Indradevi and Ors. — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:30305]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 2072/2007

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National Insurance Co.Ltd. Divisional Office – The Mall, Bathinda, Punjab, through its Legally Constituted Authority, Divisional Office, 12-Residency Road, Jodhpur.

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----Appellant (Non-Applicant No.2)

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Versus

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Smt. Bhawana Kumari W/o Late Shri Gopal Ram Prajapat.

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Miss Puja D/o Late Shri Gopal Ram Prajapat (Minor).

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Yash S/o Late Shri Gopal Ram Prajapat (Minor).

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Rohit S/o Late Shri Gopal Ram Prajapat (Minor). Minors are represented through their natural guardian mother Smt. Bhawana Kumari.

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Smt. Magni Bai W/o Late Shri Maga Ram Kumhar. All R/o Aamli Road, Kumhar Mohalla, Pindwara, Tehsil Pindwara, District Sirohi.

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----Claimants.

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Shri Lakh Singh S/o Shri Dhukh Singh Rajput, R/o Rajputon-Ka-Bass, Village-Doodasi, District Jalore (Jeep Owner).

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----Non-Applicant No.1.

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Connected With

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S.B. Civil Misc. Appeal No. 2073/2007

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National Insurance Co Ltd., Divisional Office-The Mall, Bathinda, Punjab, through its Legally Constituted Authority, Divisional Office, 12-Residency Road, Jodhpur.

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----Appellant

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Versus

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Smt. Indra Devi, Age 32 years, W/o Late Shri Madhuram @ Mahendra Kumar Prajapat.

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Lalit S/o Late Shri Madhuram @ Mahendra Kumar Prajapat (Minor).

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Pratik S/o Late Shri Madhuram @ Mahendra Kumar Prajapat (Minor).

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Archna D/o Late Madhuram @ Mahendra Kumar Prajapat (Minor).

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Shri Veera Ram S/o Lala Ji Kumhar.

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Smt. Laxmi Bai W/o Veera Ram Kumhar. All R/o Aamli Road, Kumhar Mohalla, Pindwara, District

(2 of 3)

[2024:RJ-JD:30305]

[CMA-2072/2007]

Sirohi.

----Claimants.

Shri Lakh Singh S/o Shri Dhukh Singh Rajput, R/o Rajputon Ka Bass, Village-Doodasi, District Jalore (Jeep Onwer)

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----Non-Applicant No.1.

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For Appellant(s)	: Mr. Jagdish Vyas (for Insurance company)
For Respondent(s)	: Mr. Manish Rajpurohit for Mr. Rakesh Arora(for the applicants/claimants)

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HON'BLE DR. JUSTICE NUPUR BHATI Order

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23/07/2024

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Both these appeals have been preferred by the appellantInsurance Company under Section 173 of the Motor Vehicles Act, 1988 (‘the Act of 1988’) challenging the validity of judgment-cumaward dated 09.05.2007 passed by the learned MACT, Sirohi in MACT Case No.78/2005 (Indra Devi & Ors Vs. Lakh Singh & Anr.) and MACT Case No.81/2005 (Bhawana Kumari & Ors. Vs. Lakh Singh & Anr.) wherein the learned Tribunal awarded Rs.4,53,000/& Rs.5,02,000/- to the respondents/claimants respectively.

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Learned counsel representing the claimants/respondents has moved interlocutory applications (Nos.01/2024) with a prayer to remand these matters to the learned MACT, Sirohi while treating the claim under Section 166 to a petition under Section 163-A of the Motor Vehicles Act, 1988 (‘the Act of 1988’) and decide the same by considering the income of the deceased.

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As the issue involved in these appeals has already been decided by this Court in the connected appeals bearing SBCMAs Nos.426/2008 (Indra Devi & Ors. Vs. Lakh Singh & Anr.) and SBCMA No.1829/2011 (Smt. Bhawana Kumari & Ors. Vs. Lakh

(3 of 3)

[2024:RJ-JD:30305]

[CMA-2072/2007]

Singh & Anr.), whereby, the award passed by the learned MACT, Sirohi has been quashed and the matters have been remanded to the Tribunal for deciding the same afresh within ‘six months’ from the date of passing of the order while treating the same as under Section 163-A of the Act of 1988 and affording opportunity of hearing to the parties, nothing survives for consideration in these appeals which are dismissed as having rendered infructuous.

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The applications (Nos.01/2024), filed by the respondents/claimants are allowed. The award dated 09.05.2007 passed by the learned MACT, Sirohi in MACT Case No.78/2005 (Indra Devi & Ors. Vs. Lakh Singh & Ors.) and in MACT Case No.81/2005 (NIC & Ors. Vs. Smt. Bhawana Kumari & Ors.) are quashed and set aside and the appellant-Insurance Company is granted liberty to raise objections, if any, before the learned Tribunal.

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All pending application(s) also stand dismissed.

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A copy of this order be placed in each file.

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Record be returned to the Tribunal forthwith.

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(DR. NUPUR BHATI),J

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116 & 117-/Devesh/-

National Ins Co. Ltd. v. Indradevi and Ors.

Case brief

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National Ins Co. Ltd. v. Indradevi and Ors.

Case brief

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