Dharmraj Son Of Chaturbhuj vs Gobri Bai Wife Of Late Shree ...
2022 Latest Caselaw 95 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 214/2021

Dharmraj Son Of Chaturbhuj
                                                                  ----Appellant
                                   Versus
Gobri Bai Wife Of Late Shree Mandeep
                                                                ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 645/2021 Gobri Bai Wife Of Late Shree Mandeep

----Appellant Versus Ramnaresh Son Of Mohanlal

----Respondent

For Appellant(s) : Mr. Sanjay Kumar Singhal through VC Mr. Jai Prakash Gupta through VC For Respondent(s) : Mr. Satish Kumar Khandal through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

05/01/2022

The appeal (No.214/2021) has been filed by the owner and

driver of the vehicle assailing the judgment passed dated

25.11.2020 whereby and whereunder the Insurance Company has

been exonerated. However, under the principle of "Pay and

Recover", the Insurance Company was directed to pay the

compensation to the claimants and was allowed to recover the

compensation from the owner and driver of the vehicle.

Learned counsel for the appellant submits that Insurance

Company has paid the compensation amount to the claimants and

now has proceeded for execution to recover the compensation

amount from the appellants.

(2 of 2) [CMA-214/2021]

Since the execution is in process, there is urgency in the

matter.

Learned counsel appearing for the Insurance Company seeks

some time to argue the appeal.

Time prayed for is granted.

However, till next date, the Insurance Company shall not

proceed with the execution against the appellants.

Another appeal (No.645/2021) has been filed by the

claimants for enhancement of compensation.

Put up after four weeks.

(SUDESH BANSAL),J

NITIN /108-109

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