HDFC EGRO GENERAL INSURANCE COMPANY LTD. v. RAMPYARI BAI W/O LATE PRABHULAL
CMA/3902/2018 · 2025-03-25
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29556 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29556 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13561] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3902/2018 Hdfc Egro General Insurance Company Ltd., Divisional Office Second Floor, Kalpatru Building, Vigyan Nagar, National Highway, Kota (Raj.) Having Its Local Office At Office No. 2, Third Floor, C- 99, Singhvi Upasana Tower, Shubhash Marg, C-Scheme, Jaipur Through Its Constituted Attorney. ----Appellant Versus
1. Rampyari Bai W/o Late Prabhulal, Aged About 47 Years, R/o Vill. Moru Khurd, Tehsil Sangod, District Kota (Raj.)
2. Drop Kumari D/o Late Prabhulal, Aged About 15 Years, Being Minor Through His Natural Guardian Mother Rampyari, R/o Vill. Moru Khurd, Tehsil Sangod, District Kota (Raj.)
3. Rajesh S/o Late Prabhulal, R/o Vill. Moru Khurd, Tehsil Sangod, District Kota (Raj.)
4. Sajid Hussain S/o Saleem Mohammad, Aged About 32 Years, R/o Moru Kalan, Tehsil Sangod, District Kota (Raj.) (Driver Of Tractor No. RJ-33-RA-2983)
5. Bhojraj Gurjar S/o Shri Raghunath Gurjar, Aged About 35 Years, R/o 37, Bheelon Ka Mohalla, Village Moru Khurd, Tehsil Sangod, District Kota (Raj.) (Owner Of Tractor No. RJ-33-RA-2983) ----Respondents For Appellant(s) : Mr. Virendra Agrawal, Adv. For Respondent(s) : - HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 25/03/2025
1. This appeal has been filed by the appellant-Insurance Company against the order dated 28.06.2018 passed by learned Motor Accident Claims Tribunal No.2, Kota (hereinafter referred to as the 'Tribunal') in Claim Case No.117/2016 filed under Section
[2025:RJ-JP:13561] (2 of 2) [CMA-3902/2018] 140 of the Motor Vehicles Act, 1988, whereby, the application filed by the claimants-respondents for granting interim relief has been allowed and an interim award of Rs.50,000/- has been passed in favour of claimants-respondents.
2. Vide order dated 27.08.2018, this Court stayed the operation/execution of the impugned judgment and award dated 28.06.2018 passed by learned Tribunal and the record of learned Tribunal was called for. The record of the Tribunal was received in this Court on 11.10.2018, since then, the appeal is pending along with original record of the learned Tribunal.
3.
Learned counsel for the appellant submits that the order of this Court, by which the operation of the order of the Tribunal dated 28.06.2018 was stayed, may be made absolute and the record of the Tribunal may be sent back to the Tribunal, so that the matter may be disposed of on merits.
4. In that view of the matter, the order dated 27.08.2018 passed by this Court in this appeal staying the order dated 28.06.2018 passed by Motor Accident Claims Tribunal No.2, Kota is made absolute and this appeal is disposed of with the direction to the learned Tribunal that as the matter is about 9 years old, therefore, the same may be disposed of as early as possible.
5. Record of the Tribunal be sent back immediately.
6. Stay application also stands disposed of.
(ASHUTOSH KUMAR),J TANISHA /165