Una vs Savita Rani
2021 Latest Caselaw 4449 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                ON THE 9TH DAY OF SEPTEMBER, 2021
                           BEFORE
       HON'BLE MR. JUSTICE SANDEEP SHARMA
          FIRST APPEAL FROM ORDER No.179 of 2021




                                                         .

    Between:-

    NATIONAL          INSURANCE
    COMPANY LIMITED, BRANCH





    UNA, H.P. VIDE POLICY NO.
    35101031156337426485
    THROUGH ITS ADMINISTRATIVE
    OFFICER (LEGAL) NATIONAL
    INSURANCE COMPANY LIMITED,





    DIVISIONAL OFFICE, HIMLAND
    HOTEL,    CIRCULAR    ROAD,
    SHIMLA-171 001 (INSURER OF
    CAR BEARING REGISTRATIN
    NO. HP31-9276)


                                               ......APPELLANT

    (BY  MR.      JAGDISH     THAKUR,
    ADVOCATE)



    AND




    1. SAVITA RANI, W/O LATE SH.
       RAVINDER KUMAR,





    2. ANSHITA, D/O LATE      SH.
       RVINDER KUMAR,





    3. KOMAL,   D/O  LATE     SH.
       RAVINDER KUMAR,

    4. ARAV,   S/O  LATE      SH.
       RAVINDER KUMAR,

    5. SMT. PARKASHO DEVI, W/O
       SH. PRAKASH CHAND,
       ALL RESIDENTS OF VILLAGE
       AMBOTA,    TEHSIL      AMB,
       DISTRICT UNA, H.P.
    6. GURMEET, SON OF SH.
       PRITTAM     CHAND,      R/O
       VILLAGE BIJJAPUR, TEHSIL
       JAISINGHPUT,       DISTRICT




                                        ::: Downloaded on - 31/01/2022 23:02:36 :::CIS
        KANGRA, H.P. (DRIVER OF
       TRUCK NO. hp-01d-5383)
    7. RAJESH KUMAR, SON OF SH.
       KARTAR CHAND, RESIDENT
       OF    VILLAGE     KACHHAL
       JAGGIAN,            TEHSIL




                                                              .
       JAISINGHPUR,      DISTRICT





       KANGRA, H.P (OWNER OF
       TRUCK NO. HP-01D-5383)
                                          ......RESPONDENTS
    (MR. SUNNY MODGIL, ADVOCATE, FOR R-1 TO 5





    RESPONDENTS NO. 6 & 7 EX PARTE)


                 This appeal coming on for orders this day, the Court





    passed the following:
                                JUDGMENT

CMP(M) No. 1544 of 2019

Since, despite service none has come present on behalf

of respondents No.6 & 7 and as such, they are ordered to be

proceeded against ex parte.

No reply is intended to be filed on behalf of non-

applicants/respondents No.1 to 5.

Having perused the averments contained in the

application, which are duly supported by an affidavit, this Court finds

that delay in maintaining the accompanying appeal is neither

intentional nor willful, rather same has occurred on account of lengthy

administrative process and as such, delay of 15 days, which has

otherwise sufficiently been explained, is condoned. Application

stands disposed of.`

FAO No. 179 of 2021

Learned counsel representing the appellant, states that

he has instructions to withdraw the present appeal, at this stage.

.

2. Consequently, in view of the above, present appeal is

dismissed as withdrawn. Since, appellant-Insurance Company has

withdrawn the appeal, it may deposit the entire award amount within a

period of six weeks and thereafter, claimants are always at liberty to file

appropriate application for release of amount.

Pending application(s), if any, also stand disposed of.

                                                (Sandeep Sharma)
                   r                                 Judge

     9th September, 2021
          (reena)