Allowed

New India Assurance Company v. Naresh Kumar

Himachal Pradesh HC8 Dec 2014CMPMO/380/2014

Case brief

AI extract

What is this about?

Disposing of four connected CMPMOs filed by The New India Assurance Company, the Court allowed the petitions by setting aside impugned orders and directing the MACT court to issue a commission under Order 26 Rule 4(a) CPC within three months.

What did the court decide?

Impugned orders set aside; Commission to be issued under Order 26 Rule 4(a) CPC within three months; costs of `25,000/-.

New India Assurance Company Vs Naresh Kumar — Insurance | Himachal Pradesh HC (2014)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

¶2

CMPMO No. 380/2014 With CMPMO No. 384, 386 and 374/2014

¶3

Decided on 8.12.2014

¶4

___________________________________________ 1. CMPMO No. 380/2014	_______	________________
The New India Assurance Company Versus	…	……..Petitioner
Naresh Kumar and others	……	….Respondents
2. CMPMO No. 384/2014
The New India Assurance Company	…	……..Petitioner
Versus
Bali Devi and others	……	….Respondents
3. CMPMO No. 386/2014
The New India Assurance Company Versus	…	……..Petitioner
Indira and others	……	….Respondent
4. CMPMO No. 374/2014
The New India Assurance Company Versus	…	……..Petitioner
Sharda Devi and others	……	….Respondents
___________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?¹	_______	________________
For the Petitioner : Mr. B.M. Cha the petitions.	uhan,	Advocate, in all
For the Respondents : Mr. Virender the petitions. ____________________________________________	Bali, ______	Advocate, in all _______________

¶5

1 Whether the reporters of the local papers may be allowed to see the judgment?

¶6

¶7

Rajiv Sharma, Judge (oral):

¶8

Since common question of law and facts is involved in all the petition, the same are taken up together and disposed of by a common judgment.

¶9

It is jointly represented by the learned counsel for the parties, that the present petitions are squarely covered by a judgment rendered by this Court in CMPMO No. 375/2014 titled as New India Assurance Company vs. Naresh Kumar and others and other connected matters decided on 24.11.2014.

¶10

In view of the above, the present petitions are allowed. Impugned orders passed by learned MACT (IV) Shimla in MACT No. 8-S/2 of 2009, 36-S/2 of 2009, 10-S/2 of 2009 and 13-S/2 of 2009, all dated 16.10.2014, are set aside. The MACT (IV), Shimla is directed to issue Commission as per the provisions of Order 26 Rule 4(a), subject to the costs of `25,000/-, in each case. The costs shall be paid to the claimant(s), before the issuance of the Commission by the learned MACT (IV) Shimla. It is made clear that the entire process of issuing commission including the proceedings in the main case, shall be completed within a period of three months from today.

¶11

All pending applications are also disposed of.

¶12

(Rajiv Sharma)

¶13

Judge

¶14

December 8, 2014 (vikrant)

New India Assurance Company v. Naresh Kumar

Case brief

What is this about?

What did the court decide?

New India Assurance Company v. Naresh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hari Ram Vs Tarlok Chand

Ses Ram Vs Reeta Bhardwaj

Padam Chand Vs Chander Kanta

Gauri Dutt Vs State

Manish Chaudhary Vs Marketing Committee Shimla and Kinnaur

Naresh Kumar Vs State of Hp