The High Court directed the Tribunal to release the enhanced motor accident compensation amount to the appellants, noting the death of a claimant and an undertaking by the widow to handle his potential share.
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.
[2023/RJJP/004238]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 192/2019
----Appellants
Versus
[2023/RJJP/004238]
[CMAP-192/2019]
(2 of 3)
----Respondents
For Appellant(s) : None present For Respondent(s) : None present
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
16/03/2023
Pursuant to the order dated 17.01.2020 passed in S.B. Civil Miscellaneous Application No.192/2019 appellant Smt. Ummed Devi has submitted an affidavit alongwith death certificate of deceased Malaram.
In the affidavit at Para No.4 it has been clearly mentioned that Smt. Narbada Devi W/o Late Sh. Malaram is already on record and other children of Late Malaram are major and living separately and they neither claimed nor entitled for any compensation on account of death of Hansraj.
From perusal of the award dated 06.08.2012 it is apparent that Smt. Narbada Devi W/o Late Malaram has also filed a claim petition alongwith deceased Malaram. In the affidavit it is also mentioned that appellant No.1 undertakes that if Late Malaram was entitled for any share or any enhanced amount then either the same be disbursed in favour of Smt. Narbada Devi or the same may be deducted from the enhanced amount.
The appellant has already submitted the amended cause title indicating the death of claimant Malaram.
[2023/RJJP/004238]
[CMAP-192/2019]
(3 of 3)
Since Malaram had died and his wife Smt. Narbada Devi is already on record and as the undertaking has already been given in the affidavit by appellant No.1, the learned Tribunal is directed to release the enhanced amount as per the order dated 07.01.2019 passed in S.B. Civil Misc. Appeal No. 4512/2012 in favour of claimant appellant Nos.1 to 4.
The present application stands disposed of accordingly.
(PRAVEER BHATNAGAR),J
DHARMENDRA RAKHECHA /715 & Suraj/
Ummed Devi
Narbada Devi
Malaram
Gopal
Suresh Nayar
Akilesh Swami
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
