Allowed

Lrs of Jugal Kishore Tiwari v. the Rajasthan State Road Transport Corporation

Rajasthan HC9 Jan 2023CW/1611/2019

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, directing respondent authorities to reimburse the petitioner's medical claim permissible under Regulations 2011 within three weeks, with 6% annual interest. It also allowed bringing legal representatives on record for a connected petition.

What did the court decide?

Reimbursement of medical claim permissible under Regulations 2011 within three weeks with 6% per annum interest.

Lrs of Jugal Kishore Tiwari Vs the Rajasthan State Road… — Medical Negligence | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3546/2019

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Babulal Parasariya S/o Shri Harsukhram Ji, Aged About 53 Years, R/o 60, Vishvakarma Nagar, Opposite Indane Gas Godawn, Bhadwasiya, Jodhpur; Mobile No. 7976359717.

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----Petitioner

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Versus

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The Rajasthan State Road Transport Corporation, through Its Managing Director, Transport Bhawan, Jaipur.

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The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Jaipur.

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The Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur Depot, Jodhpur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 1611/2019

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LRs of Late Jugal Kishore Tiwari:-

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1.1 Smt. Nirmala Tiwari w/o Late Shri Jugal Kishore Tiwari, aged 58 years, resident of Near Kanhaiya Kunj, Behind Krishi Mandi, Maderna Colony, Jodhpur.

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1.2 Nitin Tiwari s/o Late Shri Jugal Kishore Tiwari, aged 40 years, resident of Near Kanhaiya Kunj, Behind Krishi Mandi, Maderna Colony, Jodhpur.

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1.3 Smt. Varsha Vyas d/o Late Shri Jugal Kishore Tiwari, aged 42 years, resident of Kha-90, Bhawani Nagar, Sikar Road, Murlipura, Jaipur.

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1.4 Smt. Meenakshi Sharma d/o Late Shri Jugal Kishore Tiwari, aged 38 years, resident of D-28, Second Floor, Front Side, Uttam Nagar, Om Vihar, West Delhi, Delhi.

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----Petitioner

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Versus

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The Rajasthan State Road Transport Corporation, through its Managing Director, Transport Bhawan, Jaipur.

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The Executive Director (Traffic), Rajasthan State Road Transport Corporation, Jaipur.

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The Chief Manager, Rajasthan State Road Transport Corporation, Jodhpur Depot, Jodhpur.

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The Director, Pension & Pensioners Welfare Department

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(2 of 3)

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[CW-3546/2019]

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Rajasthan, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr.	Yashpal Khileree
For Respondent(s)	: Mr.	Sunil Purohit

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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09/01/2023

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S.B. Civil Writ Petition No. 3546/2019:-

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Heard learned counsel for the parties.

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Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment of this Court passed in S.B. Civil Writ Petition No. 1388/2015 :: Ibrahim Khan Vs. Raj. State Road Transport Corporation , decided on 16.09.2022.

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For the self same reasons, the writ petition is allowed. The respondent authorities are directed to reimburse the medical claim of the petitioner to the extent permissible in terms of Regulations, 2011. The entire exercise be taken by the respondent authorities within a period of three weeks from the date of certified copy of this order. It is made clear that the reimbursable amount would also carry an interest at the rate of 6% per annum.

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S.B. Civil Writ Petition No. 1611/2019:-

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The case comes up on an application preferred for bringing on record the Legal Representatives of petitioner Jugal Kishore Tiwari, who died on 23.02.2022.

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(3 of 3)

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[CW-3546/2019]

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For the reasons mentioned in the application, the same is allowed.

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The Legal Representatives of petitioner Jugal Kishore Tiwari are ordered to be brought on record.

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Amended cause title already filed is taken on record.

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Office is directed to place the same appropriately.

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Heard learned counsel for the parties.

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¶45

¶46

(VINIT KUMAR MATHUR),J

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148-149-Shahenshah/-

Lrs of Jugal Kishore Tiwari v. the Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Lrs of Jugal Kishore Tiwari v. the Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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