Disposed

Smt. Kamla Devi Wife of Late Shri Sitaram, v. Lala Ram Meena Son of Shri Nathu Ram Meena

Rajasthan HC21 Jul 2023CMAP/46/2023

Case brief

AI extract

What is this about?

Held the order of the National Lok Adalat recalling an appeal was incorrect because a pending appeal by the Insurance Company against the same award was not settled. Ordered recall of the Lok Adalat order and restoration of the original appeal number.

What did the court decide?

Order dated 11.02.2023 passed by the National Lok Adalat recalled; C.M.A. No.363/2016 restored to its original number.

Smt. Kamla Devi Wife of Late Shri Sitaram… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:14939]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 46/2023

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S.B. Civil Misc. Appeal No.363/2016

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Smt. Kamla Devi Wife Of Late Shri Sitaram, Aged About 48 Years,

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Ku. Nandu Daughter Of Late Shri Sitaram, Aged About 26 Years,.

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Ku. Manju Daughter Of Late Shri Sitaram, Aged About 24 Years,

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Kum. Mamta Daughter Of Late Shri Sitaram, Aged About 22 Years,

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Kum. Achu Daughter Of Late Shri Sitaram, Aged About 20 Years,.

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Mangi Lal Son Of Late Shri Sitaram, Aged About 18 Years,

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Kum. Durga Daughter Of Late Shri Sitaram, Aged About 16 Years,

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Jeetu Son Of Late Shri Sitaram, Aged About 14 Years, No.7 and 8 Minors Through Their Guardian And Mother Smt. Kamlra Devi Wife Of Late Shri Sitaram, aged 48 Years. resident Of Link Road, Bagaru, District Jaipur (Raj.

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Jujha Ram Son Of Late Shri Bhura Ram (Died),

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Smt. Manbhar Kanwar Wife Of Shri Juja Ram, (Died).

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----Appellants/Claimants/Non-Applicants

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Versus

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Lala Ram Meena Son Of Shri Nathu Ram Meena, Resident Of Chhappa, Post Khudiyala, Tehsil Dudu, District Jaipur (Raj.) (Owner).

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-------Non-Claimant/Respondent/Non-Applicant

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The National Insurance Company Limited, Regional Office, Near Jyot Nagar Turn, Bhawani Singh Road, Jaipur Through Regional Manager, Having Its Regional Office At 3rd Floor, NBCC Sahakar Marg, Jaipur.

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----Non-Claimant/Respondent/Applicant

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[2023:RJ-JP:14939] (2 of 3) [CMAP-46/2023]

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For Petitioner(s)	: Mr. Rizwan Ahmed for applicant-
	Insurance Company
For Respondent(s)	: Mr. Sandeep Mathur for claimants

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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21/07/2023

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The matter comes up on misc. application No.46/2023 filed by applicant-respondent No.2-Insurance Company for recalling of the order dated 11.02.2023 passed by National Lok Adalat which was held on 11.02.2023 in C.M.A. No.363/2016: Smt. Kamla Devi & Ors. vs. Lala Ram Meena & Anr. by which the appeal was disposed of on the basis of compromise for enhancement of the amount @ Rs.1,90,000/-.

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Learned counsel for the appellants submits that the appellants filed the Appeal No.363/2016 for enhancement of the award passed by Motor Accident Claims Tribunal cum Additional District & Sessions Judge No.4, Jaipur in MAC Case No.350/2014. Against the said award, Insurance Company also filed an appeal bearing No.3834/2015: National Insurance Company vs. Smt. Kamla Devi & Ors.

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Learned counsel appearing on behalf of the appellants as well as learned counsel appearing for the Insurance Company admit the fact that when the compromise was arrived at in Appeal No.363/2016, the appeal filed by the Insurance Company was pending on that day. Both the appeals filed by the claimants as well as by the Insurance Company against the same award require

[CMAP-46/2023]

[2023:RJ-JP:14939]

(3 of 3)

to be decided on merits. Therefore, the award passed by the National Lok Adalat on 11.02.2023 in C.M.A. No.363/2016 requires to be recalled in this regard.

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Learned counsel has drawn our attention on the law laid down in the case of United India Insurance Company Ltd. vs. Smt. Champa Bai & Ors.: 2018(3) RLW 2656 (Raj) .

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In these facts and circumstances of this case and looking to the fact that the appeal of the Insurance Company was pending on the day when compromise was arrived at between the parties in civil misc. appeal filed by the claimants as well as the fact that both the appeals against the same award are liable to be decided on merit, therefore, the said order dated 11.02.2023 is hereby recalled and C.M.A. No.363/2016: Smt. Kamla Devi & Ors. vs. Lala Ram Meena & Anr. is ordered to be restored to its original number.

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List alongwith S.B. C.M.A. Nos.3834/2015 and 3823/2015 on 01.08.2023 after showing name of Mr. Sandeep Mathur in the cause list.

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(ASHUTOSH KUMAR),J

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MADAN/12

Smt. Kamla Devi Wife of Late Shri Sitaram, v. Lala Ram Meena Son of Shri Nathu Ram Meena

Case brief

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Smt. Kamla Devi Wife of Late Shri Sitaram, v. Lala Ram Meena Son of Shri Nathu Ram Meena

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