HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3546/2019 Babulal Parasariya S/o Shri Harsukhram Ji, Aged About 53 Years, R/o 60, Vishvakarma Nagar, Opposite Indane Gas Godawn, Bhadwasiya, Jodhpur; Mobile No. 7976359717.
----Petitioner Versus
1. The Rajasthan State Road Transport Corporation, through Its Managing Director, Transport Bhawan, Jaipur.
2. The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Jaipur.
3. The Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur Depot, Jodhpur.
----Respondents Connected With S.B. Civil Writ Petition No. 1611/2019 LRs of Late Jugal Kishore Tiwari:-
1.1 Smt. Nirmala Tiwari w/o Late Shri Jugal Kishore Tiwari, aged 58 years, resident of Near Kanhaiya Kunj, Behind Krishi Mandi, Maderna Colony, Jodhpur.
1.2 Nitin Tiwari s/o Late Shri Jugal Kishore Tiwari, aged 40 years, resident of Near Kanhaiya Kunj, Behind Krishi Mandi, Maderna Colony, Jodhpur.
1.3 Smt. Varsha Vyas d/o Late Shri Jugal Kishore Tiwari, aged 42 years, resident of Kha-90, Bhawani Nagar, Sikar Road, Murlipura, Jaipur.
1.4 Smt. Meenakshi Sharma d/o Late Shri Jugal Kishore Tiwari, aged 38 years, resident of D-28, Second Floor, Front Side, Uttam Nagar, Om Vihar, West Delhi, Delhi.
----Petitioner Versus
1. The Rajasthan State Road Transport Corporation, through its Managing Director, Transport Bhawan, Jaipur.
2. The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Jaipur.
3. The Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur Depot, Jodhpur.
4. The Director, Pension & Pensioners Welfare Department (Downloaded on 10/01/2023 at 11:40:04 PM) (2 of 3) [CW-3546/2019] Rajasthan, Jaipur, Rajasthan.
----Respondents For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Mr. Sunil Purohit HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 09/01/2023 S.B. Civil Writ Petition No. 3546/2019:-
Heard learned counsel for the parties.
Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment of this Court passed in S.B. Civil Writ Petition No. 1388/2015 :: Ibrahim Khan Vs. Raj. State Road Transport Corporation, decided on 16.09.2022.
For the self same reasons, the writ petition is allowed. The respondent authorities are directed to reimburse the medical claim of the petitioner to the extent permissible in terms of Regulations, 2011. The entire exercise be taken by the respondent authorities within a period of three weeks from the date of certified copy of this order. It is made clear that the reimbursable amount would also carry an interest at the rate of 6% per annum.
S.B. Civil Writ Petition No. 1611/2019:-
The case comes up on an application preferred for bringing on record the Legal Representatives of petitioner Jugal Kishore Tiwari, who died on 23.02.2022.
(Downloaded on 10/01/2023 at 11:40:04 PM)(3 of 3) [CW-3546/2019] For the reasons mentioned in the application, the same is allowed.
The Legal Representatives of petitioner Jugal Kishore Tiwari are ordered to be brought on record.
Amended cause title already filed is taken on record.
Office is directed to place the same appropriately.
Heard learned counsel for the parties.
Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment of this Court passed in S.B. Civil Writ Petition No. 1388/2015 :: Ibrahim Khan Vs. Raj. State Road Transport Corporation, decided on 16.09.2022.
For the self same reasons, the writ petition is allowed. The respondent authorities are directed to reimburse the medical claim of the petitioner to the extent permissible in terms of Regulations, 2011. The entire exercise be taken by the respondent authorities within a period of three weeks from the date of certified copy of this order. It is made clear that the reimbursable amount would also carry an interest at the rate of 6% per annum.
(VINIT KUMAR MATHUR),J 148-149-Shahenshah/-
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