Budharam And Anr vs Badri Banjara And Ors
2021 Latest Caselaw 10945 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2672/2017

1. Budharam S/o Mangilal,

2. Laxmi W/o Budharam, All are Residents Of Peeruji Ki Sevagar, Nimaj, Tehsil- Jaitaran, District- Pali.

----Appellants Versus

1. Badri Banjara S/o Radheshyam, Resident Of Railway Station, Neelkanth Mahadev Colony, Badanwada, P.s. Bhinay, Ajmer Rajasthan ......driver

2. Avtar Singh S/o Shankar Singh, Resident Of Railway Station, Neelkanth Mahadev Colony, Badanwada, P.s. Bhinay, Ajmer Rajasthan .......owner

3. National Insurance Company Limited, 12, Residency Road, Jodhpur. .....insurer

----Respondents

For Appellant(s) :

For Respondent(s) : Ms. Mamta Vyas for Mr. J.C. Vyas.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

15/07/2021

It is submitted by learned counsel for the respondents that

against the impugned award Insurance Company had filed S.B.

Civil Misc. Appeal No.2532/2017, which came to be allowed by

judgment dated 10.11.2017, whereby, the award impugned was

quashed and set-aside and the claim petition filed by the

claimants, was ordered to be dismissed and, therefore, the

present appeal seeking enhancement of amount of compensation

filed just before passing of the said judgment, has either been

rendered infructuous and/or the same is not maintainable.

(2 of 2) [CMA-2672/2017]

Though none is present for the appellants, from the copy of

the judgment produced by the learned counsel for the

respondents, it is apparent that against the same impugned

judgment, appeal filed by the Insurance Company was allowed,

the award was quashed and the claim petition was dismissed.

In view thereof, the application is allowed. The present

appeal, which was filed before passing of the judgment on

10.11.2017 and which was decided after hearing the learned

counsel for the appellants herein, is dismissed as having become

infructuous.

(ARUN BHANSALI),J 27-pradeep/-

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