JASPREET KAUR Vs. NATIONAL INSURANCE CO. LIMITED

JUDGEMENT

(1.) These two intra-court appeals have been preferred under Sec. 134 of the Rajasthan High Court Ordinance, 1949 against the common judgment dtd. 15/2/2021 whereby, the learned Single Bench of this Court decided Civil Misc. Appeals Nos.2526/2017 and 1367/2017 preferred by the claimants and the Insurance Company respectively.

(2.) At the outset, this Court posed a question regarding maintainability of these appeals upon which, Shri GJ. Gupta, learned counsel representing the appellants, drew our attention to the Division Bench judgment of this Court in the case of National Insurance Company Ltd. v. Smt. Prabha Ojha and Ors. reported in 2012(1) WLN 459 (Raj.) and urged that the issue regarding maintainability of an intra-court appeal against the judgment passed by a Single Bench in an appeal against the judgment and decree of the Motor Accident Claims Tribunal has been affirmative answered, while upholding maintainability of such appeal. He thus urged that the appeals are maintainable.

(3.) We have heard and considered the submissions advanced by Shri Gupta on the aspect of maintainability of these appeals and have given respectful consideration to the Division Bench judgment cited at bar and have considered the relevant statutory provisions.