Kaluram And Anr vs Badri Banjara And Ors
2021 Latest Caselaw 11237 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2670/2017

1. Kaluram S/o Mangilal,

2. Imlidevi W/o Kaluram, All By Caste- Mali, Residents Of Jansiwala Bera Near Baipass, Nimaj, Tehsil- Jaitaran, District- Pali.

----Appellants Versus

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

2. Avtar Singh S/o Shankar Singh, By Caste- Banjara, 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) : Mr. Ravi Panwar. For Respondent(s) : Ms. Mamta Vyas for Mr. Jagdish Vyas.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

20/07/2021

It is submitted by learned counsel for the respondents that

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

Civil Misc. Appeal No.2533/2017, 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

(2 of 2) [CMA-2670/2017]

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

rendered infructuous and/or the same is not maintainable.

Learned counsel for the appellants doesn't dispute the above

submissions.

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

47-PKS/-

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