HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1053/2021
1. Master Parth Daga S/o Late Jai Kumar Daga, Aged About
16 Years, Minor Through His Mother And Natural Guardian
Smt. Sunita Daga W/o Late Jai Kumar Daga. Resident Of
House No. 46, Vikas Nagar Extension, Krishna Apartment,
Dadi Ka Phatak, Murlipura, District Jaipur.
2. Sunita Daga W/o Late Jai Kumar Daga, Aged About 51
Years, Resident Of House No. 46, Vikas Nagar Extension,
Krishna Apartment, Dadi Ka Phatak, Murlipura, District
Jaipur.
----Appellants
Versus
1. Krishan Kant Bihani S/o Shri Harish Kumar, Resident Of
511, Galaxy Star, Central Spine, Vidhyadhar Nagar,
District Jaipur (Driver Activa Scooter No. Rj-14-Es-1612)
2. Smt. Sunita Daga W/o Late Jai Kumar Daga, Resident Of
House No. 46, Vikas Nagar Extension, Krishna Apartment,
Dadi Ka Phatak, Murlipura, District Jaipur. (Registered
Owner Activa Scooter No. Rj-14-Es-1612)
3. New India Assurance Company Limited, Divisional Office
At 3Rd Floor Jeevan Jyoti, LIC Building, Subhash Nagar,
Shopping Center, Jaipur Having Its Regional Office At
Nehru Palace, Tonk Road, Jaipur Through Its Regional
Manager, (Insurer Activa Scooter No. Rj-14-Es-1612)
----Respondents
For Appellant(s) : Mr.Vinay Mathur, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 02/08/2021 Learned counsel for the appellants-claimants submitted that by impugned award not only claim petition of the appellants has (Downloaded on 03/08/2021 at 10:24:59 PM) (2 of 2) [CMA-1053/2021] been dismissed but direction has also been given to recover the interim compensation paid to the appellants.
Learned counsel for the appellants has placed reliance on the judgment passed by the Apex Court in Civil Appeal No.1508/2004 (Indra Devi & Ors. Vs. Bagada Ram & Anr.) dated 18.08.2010.
Issue notice of misc. appeal as well as stay application, returnable within four weeks. Notices be given 'dasti', if prayed.
In the meanwhile, direction to recover the amount of interim award from the appellants, shall remain stayed.
(ASHOK KUMAR GAUR),J Monika/Ramesh Vaishnav/5 (Downloaded on 03/08/2021 at 10:24:59 PM) Powered by TCPDF (www.tcpdf.org)