Dismissed

The New India Assur.Co.Ltd. v. Smt. Dhara Devi Singh and Ors.

Chhattisgarh HC26 Nov 2012CR/136/2005

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision filed by an insurance company against a Motor Accidents Tribunal award of Rs. 2,000. The Court held that the small amount involved precluded interference, expressly leaving the merits of the connected appeal open.

What did the court decide?

The revision petition was dismissed; the decision does not interpret the issues in the connected appeal.

The New India Assur.Co.Ltd. Vs Smt. Dhara Devi… — Motor Accident Claims | Chhattisgarh HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT BILASPUR^ CHHATTISGARH

¶2

ti?tft?^ Raffli iyyi^ ygjjii CIVIL REVISION N0. (^ OF 2005

¶3

CIVIL REVISION UNDER 115 OF THE CODE OF CIVIL PROCEDURE. 1908

¶4

APPLICANT NOIM-APPLICANT N0. 3 ^

¶5

;t"
»e

¶6

The New India Assurance Co. Ltd., Divisional office, Tara Complex, G.E. Road, )wer House, Bhilai, Distt. Durg through its Bilaspur Divisional office, Opp. Rajeev Plaza, Near Bus Stand,Bilaspur(CG)

¶7

VERSUS

¶8

APPLICANT RESPONDENTNo. 1

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Smt. Dh;ara Devi Singh Through Samarjeet Singh aged about 40 years, R/o Near Laxminnarayan Temple, Polsai Para, P.S. & Distt. Durg (cG)

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RESPONDENT N0. 2 NON-APPLICANT N0.1

¶11

s \ \f-

¶12

^—RajeshYadav, S/o

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S v

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S/o Ganesh Yadav, aged about 24 years,

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Occupation - Driver, R/o Naya Amapara, Near Shiv Mandir, Mohan Nagar, Tahsil & Distt. Durg (CG) (Driver of the Vehicle)

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RESPONDENT N0.3 'NON^APPLICANT N0. 2

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^" Kapil Kriptani S/o Tejbhan Kriplani, R/o Quarter No. 21, Sector-i, Gayatri Nagar, Raipur (CG) (Owner of the vehicle)

¶18

s .^

¶19

.<br>

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HIGH CQURT OF CHHATTISGARHATBILASPUR

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S.B.: Hon'ble Mr. Justice Abhav Manohar Sanre

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CivU Revision No. 136 of 2005

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Applicant

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The New India Assurance Co. Ltd.

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Versus

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Respondents

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Respondents Smt. Dhara Devi Singh and others. Present: Shri Dashrath Gupta, counsel for the applicant. Shri Sanjeev Banjare, counsel for the respondents.

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Civil Revision under Section 115 ofthe Code ofCivil Procedure.

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O R D E R :t!>

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Heard.

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This is a revision filed by the Insurance Company against award dated 30.7.2005 passed in two- claim cases decided together by the 8 Additional Motor Accidents Tribunal, Durg in Claim Case No.234 of 2004 and 236 of 2004.

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This revision arises out of Claim Case No.234/2004, wherein the Tribunal has awarded only a sum of Rs.2,000/to the claimant for the injuries sustained in vehicular accident. So far as the other claim i.e. Claime Case No.236 of 2004 is concemed, an appeal is filed by the Insurance Company being M.A. No. 1354 of 2005.

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Since so far as this revision is concerned, only an amounf involved is a small sum of Rs.2,000/-, I am not inclined to interfere in the impugned award.

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In view of the above and without going into the inerits and demerits of the controversy this revision fails and is hereby dismissed.

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However, it is made clear that this dismissal order passed by this Court in this revision should not be construed to interpret that the issue involved in this revision as also in the connected appeal is decided against the aplicant. In other words, the issue raised by the applicant in M.A. No. 1354 of 2005 shall be decided on its own merits uninfluenced by the disposal of this revision which is disposed of only because it involves a very ineager amount.

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No cost.

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Sd/-

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(Abhay Manohar Sapre) JUDGE

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Bini

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The New India Assur.Co.Ltd. v. Smt. Dhara Devi Singh and Ors.

Case brief

What is this about?

What did the court decide?

The New India Assur.Co.Ltd. v. Smt. Dhara Devi Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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