Rajasthan High Court - Jaipur
Smt Nandu Wife Of Late Shri Kalu Lal Alias ... vs National Insurance Company Limited on 28 November, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 15500/2018
1. Smt Nandu Wife Of Late Shri Kalu Lal Alias Amba Lal
Gurjar, Aged About 35 Years, R/o Andhed, District Bundi
(Raj.)
2. Satya Narayan Son Of Late Shri Kalu Lal Gujar, Aged
About 11 Years, Minor Through His Natural Guardian And
Mother Smt. Nandu Wife Of Late Shri Kalu Lal Alias Amba
Lal Gujar R/o Andhed, District Bundi (Raj.)
3. Ganga Ram Son Of Shri Jagannath Gujar, Aged About 73
Years, R/o Andhed, District Bundi (Raj.)
4. Prem Bai Wife Of Shri Ganga Ram Gujar, Aged About 66
Years, R/o Andhed, District Bundi (Raj.)
5. Dhanna Lal Son Of Shri Ganga Ram Gujar, Aged About 41
Years, R/o Andhed, District Bundi (Raj.)
----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 Powered by TCPDF (www.tcpdf.org)