NEW INDIA ASSURANCE CO. LTD. v. KUSHAM GOEL AND ORS
FAO/1255/1989 · 2025-05-15
Vikas Bahl
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24409 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24409 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FAO-1255-1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (134) FAO-1255-1989 Date of decision: - 15.05.2025 The New India Assurance Co. Ltd. ....Appellant Versus Kusam Goel and others .....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Deepak Suri, Advocate, for the appellant. Mr. Sylvester, Advocate for Mr. Alok Mittal, Advocate for respondent Nos.1 to 5. None for respondents No.6 and 7. **** VIKAS BAHL, J. (ORAL)
1. Present appeal has been filed by the Insurance Company. The claimants were held entitled to a sum of Rs.4,80,000/- alongwith interest at the rate of 12% per annum from the date of petition till realization. A perusal of the paper-book would show that on 05.04.1990, the execution of the award beyond Rs.1,50,000/- was stayed.
2.
Learned counsel for respondents No.1 to 5/claimants has submitted that in spite of his best efforts, he has not been able to get in touch with the claimants. Even no one has come to represent respondents No.6 and 7 (driver and owner of the vehicle in question).
NARESH KUMAR 2025.05.17 16:22 I attest to the accuracy and integrity of this document/judgement
FAO-1255-1989 -2-
3.
Learned counsel for the appellant as well as learned counsel for respondents No.1 to 5, in view of the above, have submitted that the present appeal be disposed of, at this stage, but liberty be granted to the appellant to revive the same in case the respondents file an execution to recover the amount beyond Rs.1,50,000/- or any other sum or approach the office of the concerned office of the appellant for enforcing recovery of the said amount.
4.
Learned counsel for respondents No.1 to 5 has submitted that liberty be also granted to respondents No.1 to 5 to revive the case in case any cause survives.
5. Keeping in view the above-said facts and circumstances, the present appeal is disposed of, at this stage, with liberty to both the parties, as prayed for.
( VIKAS BAHL ) May 15, 2025
JUDGE naresh.k Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NARESH KUMAR 2025.05.17 16:22 I attest to the accuracy and integrity of this document/judgement