This order addresses a writ petition challenging a decline by a Motor Accident Claims Tribunal to attach the respondent insurer's bank accounts. The High Court dismissed the petition as infructuous because the claimants had already been paid the claim amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 15500/2018
----Petitioners
Versus
National Insurance Company Limited, Regional Office, Near Jyoti Nagar Turn, Bhawani Singh Road, Jaipur Through Regional Manager.
----Respondent
For Petitioner(s) : Mr. Sandeep Mathur, Adv. For Respondent(s) : Mr. Sandeep Pathak, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
28/11/2018
The present writ petition has been filed by claimants against order dt.19.06.2018 passed by the Family Court & Motor Accident Claims Tribunal, Bundi whereby prayer of the petitioners for attachment of Bank accounts of Insurance Company has been declined.
(2 of 2)
[CW-15500/2018]
Mr. Sandeep Pathak, counsel for the Insurance-company has submitted that the claimants have already been paid the amount of claim and as such the present writ petition has become infructuous.
Learned counsel for the petitioners has submitted that issue in the present writ petition involves very important aspect with regard to realization of money/claim amount by the claimants as to whether they have to file execution application under Order 21 CPC or they can go with the proceedings under Section 174 of the Motor Vehicle Act to recover the amount as land arrears.
Though this question requires consideration, however, since the payment has already been made in the instant case to the claimants as such the case is not decided on merits.
Accordingly, the present writ petition is dismissed as having become infructuous.
(ASHOK KUMAR GAUR),J
A.Kumar/135
Smt Nandu Wife Of Late Shri Kalu Lal Alias Amba Lal Gurjar others
National Insurance Company Limited
Ashok Kumar Gaur
As recorded by the court registry
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