Preeti Varun W/O Late Jitendra vs The New India Assurance Company ...
2022 Latest Caselaw 16 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 167/2021

Preeti Varun W/o Late Jitendra
                                                                  ----Appellant
                                   Versus
The New India Assurance Company Ltd. Through Zonal Manager,
                                                                ----Respondent

For Appellant(s) : Mr. Dinesh Kumar Garg For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/01/2022

This appeal has been filed by the claimants for enhancement

of compensation so granted in favour of the appellant vide

judgment dated 07.08.2020.

The office has reported delay of 56 days in filing the appeal,

therefore, the separate application under Section 5 of the

Limitation Act seeking condonation of delay has also been filed.

Considering the reasons mentioned in the application and

more particularly the situation of pandemic Covid-19 during the

course of period when the impugned judgment was passed, the

application is allowed. The delay is condoned.

Heard.

Admit.

Learned counsel for the appellants submit that the liability to

pay compensation was for respondent No.1 and 2 jointly and

severally. Therefore, the notices to other respondents are not

required to be issued.

(2 of 2) [CMA-167/2021]

On the request of learned counsel for the appellants, the

service of notice on respondent Nos.2 to 6 is dispensed with on

the risk and consequences of appellants.

Hence, issue notice to the respondent No.1 only. Notices be

filed in two sets, one to be served by ordinary process and

another by registered post, returnable within ten weeks.

(SUDESH BANSAL),J

NITIN/37

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