Papudi Devi W/O Late Kailash ... vs Vinod Kumar S/O Shri Laxman Ram
2021 Latest Caselaw 3445 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 3826/2019

Papudi Devi W/o Late Kailash Chandra
                                                                    ----Appellant
                                     Versus
Vinod Kumar S/o Shri Laxman Ram
                                                                  ----Respondent

For Appellant(s) : Mr. Arvind Sharma For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

05/08/2021

Matter comes up on an application No.1/2021 filed by

the appellants-claimants against the impugned notices dated

16.02.2021 issued by the MACT, Sikar in Execution Case

No.18/2019 titled as National Insurance Company Vs. Papudi Devi

& Ors.

Counsel for claimants submitted that initially an award

dated 12.08.2011 was passed by the MACT and a sum of

Rs.7,52,500/- along with interest @ 8.5% was awarded in favour

of claimants.

Counsel submitted that on an appeal filed by the

Insurance Company before the High Court, the case was

remanded vide judgment dated 18.07.2016 and issue No.3 was to

be decided afresh.

Counsel submitted that after remand by the High Court,

the impugned award dated 14.12.2018 has been passed and now

the award is passed for Rs.5,19,387/- and the appellants have

preferred the present appeal for enhancement of compensation.

(2 of 2) [CMA-3826/2019]

Counsel submitted that now in view of the liberty given

to the Insurance Company to recover the excess amount,

execution proceedings have been initiated and notices of recovery

have been received by the claimant Nos.1 to 4.

Counsel submitted that the appellants are legal heirs of

the deceased as the appellant No.1 is wife and 2 to 4 are his

children. Counsel submitted that money received by the appellants

from the award amount has already been utilized by them and

now order of recovery against them is causing great prejudice to

them.

This Court finds that on 30.08.2019, the notices of the

main appeal and stay application were issued to the respondent

No.3 but inadvertently, the notices of the application filed under

Section 5 of the Limitation Act could not be issued.

Issue notice of the application under Section 5 of the

Limitation Act, returnable on 20.09.2021. Notices be given 'dasti',

as prayed.

In the meanwhile, the recovery proceedings initiated

against the claimants-appellants No.1 to 4 by the MACT, Sikar in

Execution Case No.18/2019 [National Insurance Vs. Papudi Devi &

Ors.] shall remain stayed.

(ASHOK KUMAR GAUR),J

JKP/45

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