Disposed

Iffco Tokio General Insurance Co. Ltd. v. Kumari Shyana @ Shyanika Patidar

Rajasthan HC8 Jan 2024CMA/630/2021

Case brief

AI extract

What is this about?

The High Court disposed of special backward entries against the Insurance Company, holding that no relief is available under section 140 of the Motor Vehicle Act, 1988 when the claim has been resolved in the claim petition.

What the court decided

AI extract

Iffco Tokio General Insurance Co. Ltd. Vs Kumari… — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:1051]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 630/2021

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Iffco Tokio General Insurance Co. Ltd, Branch Manager, Durga Nursery Road, F02, 03, Ist Floor Manglam Fun Square Udaipur - 313001

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----Appellant

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Versus

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Kumari Shyana @ Shyanika Patidar D/o Mog Patidar, Aged About 9 Years, Village Mungana Tehsil Ghatol, Dis. Banswara

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Raju Ahari S/o Kachru, Samadhi Moholla, Partapur Tehsil Gadhi Dis. Banswara

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Raoji Makwana S/o Bada Makwana, Bolfalan, Aanjna Tehsil Gadhi Dis. Banswara

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M/s Lion Motors, Silver Plaza Complex, Dahod Road, Opposite Tata Motors, Banswara

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----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 631/2021

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Iffco Tokio General Insurance Co. Ltd., Branch Manager, Durga Nursery Road, F02, 03, Ist Floor Manglam Fun Square, Udaipur313001

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----Appellant

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Versus

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Pemji @ Prem Ji Patidar S/o Hirji Patidar, Aged About 40 Years, Village Mungana Tehsil Ghatol, Dis. Banswara

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Ronika Patidar D/o Pemji @ Prem Patidar, Village Mungana Tehsil Ghatol, Dis. Banswara

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Nikita Patidar D/o Pemji @ Prem Patidar, Village Mungana Tehsil Ghatol, Dis. Banswara

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Hirji S/o Kuriya, Village Mungana Tehsil Ghatol, Dis. Banswara

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Mogi W/o Hirji, Village Mungana Tehsil Ghatol, Dis. Banswara

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Raju Ahari S/o Kachru, Samadhi Mohalla, Partapur, Tehsil Gadhi, Dis. Banswara

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Raoji Makwana S/o Bada Makwana, Bolfalan, Aanjna

(2 of 4)

[2024:RJ-JD:1051]

[CMA-630/2021]

Tehsil Gadhi, Dis. Banswara

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M/s Lion Motors, Silver Plaza Complex, Dahod Road, Opposite Tata Motors, Banswara

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----Respondents

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For Appellant(s)	: Mr. Vishal Singhal
For Respondent(s)	: Nonepresent

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HON'BLE MS. JUSTICE REKHA BORANA

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Judgment

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08/01/2024

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(S.B. Civil Misc. Appeal No. 630/2021)

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The present appeal arises out of the order dated 27.11.2020 passed by the Motor Accident Claims Tribunal, Banswara in MACT Case No.125/2019 whereby an application under Section 140 of the Motor Vehicles Act,1988 as preferred by the claimant had been allowed and the Insurance Company had been directed to deposit/ pay the amount to the claimants qua ‘No Fault Liability’.

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Vide interim order dated 14.07.2021, the order dated 27.11.2020 was stayed qua the appellant Insurance Company. 3. Learned counsel for the appellant submits that now the claim petition as preferred by the claimant itself has been decided vide judgment/award dated 08.06.2023, whereby, the Insurance Company has been exonerated from the liability to pay the compensation. Vide the said judgment/award, the Insurance Company has even been granted liberty to recover the amount as paid by it qua ‘No Fault Liability’.

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(3 of 4) [CMA-630/2021]

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[2024:RJ-JD:1051]

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Learned counsel submits that in view of the judgment dated 08.06.2023, nothing survives in the present appeal and the same can now be disposed of in light of the said judgment.

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In view of the submissions made and in view of the fact that the claim petition itself has been decided, nothing survives in the present appeal and the same is hence disposed of . 6. The stay petition and the pending applications, if any, also stand disposed of.

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(S.B. Civil Misc. Appeal No. 631/2021)

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The present appeal arises out of the order dated 27.11.2020 passed by the Motor Accident Claims Tribunal, Banswara in MACT Case No.126/2019 whereby an application under Section 140 of the Motor Vehicles Act,1988 as preferred by the claimants had been allowed and the Insurance Company had been directed to deposit/pay the amount to the claimants qua ‘No Fault Liability’.

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Vide interim order dated 12.07.2021, the order dated 27.11.2020 was stayed qua the appellant Insurance Company. 3. Learned counsel for the appellant submits that now the claim petition as preferred by the claimants itself has been decided vide judgment/award dated 08.06.2023, whereby, the Insurance Company has been exonerated from the liability to pay the compensation. Vide the said judgment/award, the Insurance Company has even been granted liberty to recover the amount as paid by it qua ‘No Fault Liability’.

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Learned counsel submits that in view of the judgment/award dated 08.06.2023, nothing survives in the

(4 of 4)

[2024:RJ-JD:1051]

[CMA-630/2021]

present appeal and the same can now be disposed of in light of the said judgment.

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In view of the submissions made and in view of the fact that the claim petition itself has been decided, nothing survives in the present appeal and the same is hence disposed of . 6. The stay petition and the pending applications, if any, also stand disposed of.

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(REKHA BORANA),J

¶51

85-86-Vij/devanshi-

Iffco Tokio General Insurance Co. Ltd. v. Kumari Shyana @ Shyanika Patidar

Case brief

What is this about?

What the court decided

Iffco Tokio General Insurance Co. Ltd. v. Kumari Shyana @ Shyanika Patidar

Case brief

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What the court decided

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