Master Parth Daga S/O Late Jai ... vs Krishan Kant Bihani S/O Shri ...
2021 Latest Caselaw 3363 Raj/2

      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

(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

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