Citation : 2022 Latest Caselaw 246 Raj/2
Judgement Date : 11 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 998/2016
United India Insurance Company Limited through Manager,
Sahara Chambers, Tonk road, Jaipur
----Appellant
Versus
1. Santra Devi W/o Late Shri Shanker Lal age 27 years, R/o
Village Bhavata Hawala ki Dhani Panchayat Chainpura Tehsil
Niwai District Tonk Rajasthan
2. Kumari Tannu D/o Late Shri Shanker lal age 07 years, R/o
Village Bhavata Hawala ki Dhani Panchayat Chainpura Tehsil
Niwai District Tonk Rajasthan
3. Kumari Mannu D/o Late Shri Shanker Lal age 05 years, R/o
Village Bhavata Hawala ki Dhani Panchayat Chainpura Tehsil
Niwai District Tonk Rajasthan
3. (a) Aman @ Ankush S/o Late Shri Shanker Lal age 03 years,
R/o Village Bhavata Hawala ki Dhani Panchayat Chainpura Tehsil
Niwai District Tonk Rajasthan
4. Smt. Shanti Devi W/o Shri Naryan age 48 years, R/o Village
Bhavata Hawala ki Dhani Panchayat Chainpura Tehsil Niwai
District Tonk Rajasthan
5. Naryan S/O Ragunath age 50 years, R/o Village Bhavata
Hawala ki Dhani Panchayat Chainpura Tehsil Niwai District Tonk
Rajasthan (during the pendency of the claim petition he died)
(Respondent No.1to 3 (a) is minor therefore they are
being represented by their natural guardian and their mother Santra devi).
----Respondents
For Appellant(s) : Ms. Archana Mantri through VC For Respondent(s) : Mr. Ritwick Dave for respondent No.1 through VC
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
11/01/2022 This appeal has been filed by Insurance Company assailing
the judgment and award dated 21.11.2015, whereby and
(2 of 2) [CMA-998/2016]
whereunder compensation of Rs.5,35,200/- was awarded in favour
of respondents-claimants.
Learned counsel appearing for respondents-claimants submit
that claimants have also filed an appeal for enhancement of
compensation against the same judgment and award dated
21.11.2015 and matter was referred to National Lok Adalat. In
National Lok Adalat vide order dated 11.02.2017, with the consent
of Insurance Company award has been further enhanced by a
lumpsum amount of Rs.1,50,000/-, therefore, in view of that
order of National Lok Adalat, the present appeal filed by Insurance
Company may be rendered infructuous.
In view of statement made by counsel for the claimants,
once the impugned judgment dated 21.11.2015 has been
modified in the National Lok Adalat vide order dated 11.02.2017,
this appeal has become infructuous and same is accordingly
dismissed.
Since appeal has been disposed of, any other application, if
pending also stand disposed of.
(SUDESH BANSAL),J
NITIN /13
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