Meena D/O Krashan Kumar vs Ishwer Singh S/O Hari Singh
2022 Latest Caselaw 185 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR


              S.B. Civil Miscellaneous Appeal No. 5/2022


Meena D/o Krashan Kumar
                                                                    ----Appellant
                                    Versus
Ishwer Singh S/o Hari Singh & Ors.
                                                                 ----Respondents

For Appellant(s) : Mr. Omveer Singh Saini through V.C.

For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/01/2022

This appeal has been filed by the claimant against the

dismissal of claim petition vide order dated 13.09.2021.

Admit.

Issue notice to the respondents, returnable within twelve

weeks. Notices be filed in two sets, one by ordinary process and

another by registered post.

Heard on stay application also.

Counsel for the appellant submits that the Tribunal, while

dismissing the claim petition has allowed the Insurance Company

to recover the interim award passed under Section 140 of Motor

Vehicles Act, which is illegal and cannot be passed in view of the

Supreme Court Judgment in Indra Devi Vs. Bagada Ram's case

decided on 18th August, 2010 in Civil Appeal No.1508/2004.

(2 of 2) [CMA-5/2022]

In view of above, directions for recovery passed in favour of

the Insurance Company in the impugned judgment dated

13.09.2021 are stayed.

Issue notice to respondents, returnable within twelve weeks.

Record be summoned.

List after twelve weeks.

(SUDESH BANSAL),J

TN/31

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