Disposed

Vimla Devi and Others v. Mittal Singh Solanki and Others

Rajasthan HC22 Sept 2023CMA/1212/2010

Case brief

AI extract

What is this about?

In S.B. Civil Miscellaneous Appeal No. 1212/2010, the High Court of Rajasthan disposed of an appeal challenging the dismissal of a motor accident claim petition. The court found that the respondents had complied with prior orders regarding an official's death and appropriately provided service benefits to the claimants. Consequently, no further proceedings were deemed necessary.

What did the court decide?

No further proceedings required to be made; appeal disposed of.

Vimla Devi and Others Vs Mittal Singh Solanki and… — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JP:39072]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1212/2010

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Vimla Devi And Others

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----Appellant

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Versus

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Mittal Singh Solanki And Others

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----Respondent

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For Appellant(s) : None present For Respondent(s) : Mr. Ghanshyam Singh Rathore, GA-cum-AAG with Mr. Santosh Singh Shekhawat Mr. Amit Singh, Assistant Commandant, 7^th RAC, present in person

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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22/09/2023

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The present appeal has been filed by the claimants - appellants against the order dated 15.01.2010 passed by Motor Accident Claims Tribunal, Bharatpur in claim petition No.168/2008 whereby the learned Tribunal has dismissed the claim petition of the claimants-appellants.

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The appeal has already been dismissed by this Court vide order dated 10.08.2015 with a direction to the higher authorities of Rajasthan Armed Constabulary to take appropriate action as to how and under what circumstances its own official Om Prakash died. A copy of the order dated 10.08.2015 was sent to Additional Director General (RAC), Rajasthan Police Headquarters, Jaipur and to the Additional Chief Secretary, Department of Home, Jaipur.

[2023:RJ-JP:39072]

[CMA-1212/2010]

(2 of 3)

Thereafter, vide order dated 31.07.2023 this Court has not found any specific role of the Insurance Company to submit its compliance report and thus, exonerated the Insurance Company to file compliance report, but directed the Registrar (Judicial) of this Court to issue a letter to the aforesaid higher authorities for complying the order dated 10.08.2015.

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In compliance of the order dated 10.08.2015, an additional affidavit with compliance report was filed by the Additional Director General of Police, Armed BN’s (RAC) and it was submitted that immediately after the information of accident was received, the Officers of the RAC rushed to the place of incident and informed the concerned Police Station, Mathura Gate, District Bharatpur and on the written complaint submitted by the RAC Officers the police authority filed an FIR No.23/2007. Thus, the RAC has acted promptly and effectively in the present matter. The whole payment of service benefits has already been given to the claimants-appellants and, therefore, the RAC has taken care of his employee and his legal heirs also.

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A reply to the appeal on behalf of the respondents was also filed in the year 2017, in which, it was submitted that there is no lacuna on behalf of RAC and the RAC has acted in good faith and taken care of legal heirs of the deceased – Om Prakash.

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Learned Government Advocate cum Additional Advocate General, at the outset, submits that due compliance of the order dated 10.08.2015, passed by this Court has been made. In support of his assertion, he invited attention of the Court towards the additional affidavit filed in the year 2016 and the reply filed in the year 2017.

(3 of 3)

[2023:RJ-JP:39072]

[CMA-1212/2010]

A bare perusal of the additional affidavit and reply to the appeal and considering the submissions made by learned counsel for the respondents, this Court is satisfied with the steps taken by the respondents.

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In view of the above, no further proceedings is required to be made.

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Office to proceed further.

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(ASHUTOSH KUMAR),J

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A. ARORA /-121.

Vimla Devi and Others v. Mittal Singh Solanki and Others

Case brief

What is this about?

What did the court decide?

Vimla Devi and Others v. Mittal Singh Solanki and Others

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