RELIANCE GENERAL INSURANCE COMPANY LIMITED vs SMT. HEMLATA JOSHI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Raj) 12571

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Miscellaneous Appeal No. 2540/2025

Reliance General Insurance Company Limited, 6th Floor, Man Upasna Tower, Sardar Patel Nagar, C-Scheme, Jaipur.

----Appellant

Versus

1. Smt. Hemlata Joshi, Aged About 44 Years,

2. Ashwini Kumar S/o Shri Rajesh Kumar Joshi, Age About 25 Years,

3. Indrajit S/o Shri Rajesh Kumar Joshi, Aged About 21 Years,

4. Nirbhay Kumar S/o Shri Rajesh Kumar Joshi, Aged About 20 Years,

5. Gaurav S/o Shri Rajesh Kumar Joshi, Aged About 18 Years,

(Respondent No.4 & 5 were Minor at the time of filing of claim petition, but now they are major)

6. Smt. Ghasi Devi W/o Shri Mahaveer Joshi, Aged About 73 Years,

7. Mahaveer Prasad S/o Shri Banshilal Joshi, Aged About 74 Years,

All are R/o Near Balaji Mandir, Bijaynagar Tehsil Bijaynagar, District Ajmer

8. Rajeev Kumar S/o Shri Dash Raj Rajput, Aged About 29 Years, R/o Baggi Post Salihar P.s. Kundia, Dist. Kangra (Himachal Pradesh) (Driver Of Truck No. MH-04-KU-2330)

9. Dalbeer Singh Maan S/o Shri Sadhu Singh Maan, Aged About 56 Years, 901, C-Queen Plaza, Plot No. 01 Railway Station, Javal Sector No.04, A Navi Mumbai Thane Kopar Khairane, Thane Maharashtra (Owner Of Truck No. MH-04-KU-2330)

----Respondents

For Appellant(s) : Mr. Vishal Singhal

For Respondent(s) : Mr. Neeraj Kumar Gurjar

Mr. Bharat Gurjar

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

24/04/2026

Order

1. Learned counsel for the appellant-insurance company submits that while deciding the claim petition, quantum of the income of the deceased was not properly assessed by the learned Tribunal and it is at higher side.

2. It is contended by learned counsel for the appellant that though record was called by this Court vide order dated 14.08.2025, but as per office report, the same is awaited, however, execution proceedings has already been initiated and it is at final stage, therefore, the appellant is having urgency in this matter.

3. The matter requires consideration.

4. Admit. Issue notice. Issue notice of stay application also.

5. Mr. Neeraj Kumar Gurjar puts in appearance and accepts notice on behalf of respondents Nos.1 to 7 (claimants).

6. Let notice be issued to respondent Nos.8 & 9 only, returnable within a period of eight weeks.

7. Meanwhile, effect and operation of the impugned judgment and award dated 24.03.2025 passed by the learned Judge, Motor Accident Claims, Tribunal Gulabpura, Bhilwara in Motor Accident Claim Case No.94/2022, shall remain stayed qua the appellant subject to the condition that the appellant - Insurance Company deposits 75% of the amount (with interest) awarded by the Tribunal vide award dated 24.03.2025 within a period of eight weeks.

8. The deposited amount be disbursed to the respondent-claimant in the manner and proportion as contemplated in the impugned judgment and award with the undertaking that if the appellant-insurance company succeeds, they shall refund the same along with interest in accordance with law.

9. The amount, if any, previously deposited by the appellant-insurance company, shall be adjusted towards the said amount.

10. Learned Tribunal is directed to send the record after disbursal of the award amount to the claimants. Office is directed to send remainder for record.

11. It is made clear that if the amount as directed by this Court is not deposited within the stipulated time, the respondent-claimants shall be free to proceed with the execution of the impugned award.

12. List this matter after eight weeks.

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