Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 21535 (RAJ)

MADAN SON OF SHRI RAMCHANDRA v. CHANDRABHAN S/O SHRI TOKRANDAS

CRES/361/2015 · 2025-02-11

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5981] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 361/2015 Madan Son Of Shri Ramchandra, R/o Nanglywal, Police Station Ramgarh, District Alwar (Raj.) ----Petitioner Versus 1. Chandrabhan S/o Shri Tokrandas, R/o 750 Sector 14, Gurgaon (Haryana) Owner Of The Vehicle 2. Oriental Insurance Company Limited, Regional Office, Anand Bhawan Sansar Chand Road, Jaipur Through Regional Manager ----Respondents For Petitioner(s) : Ms. Swati Sharma for Mr. Girish Khandelwal For Respondent(s) : Mr. Kinshuk Jain with Ms. Rajni Singh HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/02/2025 1. On 28.11.2017 a Co-ordinate Bench noticed that respondent no. 1 has expired and two weeks’ time was granted for applicant to take steps. Since then, no steps were taken so far for death of respondent no.1. 2. Since the applicant has failed to take steps within stipulated time about death of respondent no.1 who is owner of vehicle, therefore, the instant restoration application stands abated and it abates as a whole as Insurance Company is an indemnifier for the owner. The Insurance Company cannot be held responsible independently for indemnification of award. Thus, the petition abates as a whole. [2025:RJ-JP:5981] (2 of 2) [CRES-361/2015] 3. In view of aforesaid, the restoration application is dismissed in abatement. 4. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /91