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High Court of Himachal Pradesh · body

2025 DAILYLAW 24982 (HP)

National Insurance Co. Ltd. v. ANKIT SANKHYAN AND OTHERS

CMP.M/1848/2024 · 2025-06-17

Vivek Singh Thakur

body2025

Judgment text

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National Insurance Company Vs. Ankit Sankhyan & others. CMP (M) No. 1848 of 2024 17.6.2025 Present: Mr.Ishan Sharma, Advocate, for the applicant/appellant. Mr.Surya Chauhan, Advocate, for respondent No. 1 and for proposed respondents/legal heirs of respondent No. 2. Mr.S. Partha Swami, Advocate, vice Mr.Sanjay Bhardwaj, Advocate, for respondent No. 3. Respondent No. 4 is proceeded against ex parte vide order dated 26.3.2025 passed by Additional Registrar (Judicial). CMP(M) No. 887 of 2025 in CMP (M) No. 1848 of 2024 This application has been filed for substitution of deceased respondent No. 2 Kanhiya Lal through his legal heirs mentioned in para 1 of the application. It has been stated that respondent No. 2 Kanhiya Lal has expired on 22.12.2018 and there are no other legal heirs of deceased Kanhiya Lal, except legal heirs mentioned in this application. It has been further submitted that legal heirs of respondent No. 2 Kanhiya Lal have also filed appeal assailing the award under challenge in present matter, which has been registered as FAO (MVA) No. 336 of 2024, which has also been listed today. No objection has been communicated for allowing the application on behalf of legal heirs of respondent No. 2 Kanhiya Lal, who are duly represented by counsel. In aforesaid circumstances, respondent No. 2 is permitted to be substituted through his legal heirs as respondents No. 2(a) to 2(d) respectively. The application stands disposed of. CMP (M) No. 1848 of 2024 Present application has been filed for condonation of delay of 6 days in filing the appeal. Award has already been assailed by owner by filing appeal FAO (MVA) No. 336 of 2024, which is pending adjudication. Taking into consideration averments made in the application and submission made by learned counsel for the applicant, delay of 6 days in filing the appeal is condoned. Appeal be registered. The application stands allowed and disposed of. FAO (MVA) No. ... of 2025 (FAOST No. 44975 of 2024) Appeal be registered. Admit. Post admission notice to respondent No. 4, be issued, on taking steps within week, returnable on next date. Records be requisitioned. List on 26th August, 2025 alongwith FAO (MVA) No. 336 of 2024. CMP No. ….. of 2025 (CMPST No. 45012 of 2024) Subject to deposit of entire awarded amount alongwith up to date interest in the Registry of this Court on or before 14th August, 2025, operation and execution of impugned award dated 20.7.2024 passed by Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur), in MACT No. 44-2 of 2015, titled Ankit Sankhyan Vs. Kanhiya Lal & others, shall remain stayed during pendency of present appeal. It is made clear that non deposit of awarded amount in aforesaid terms shall result in automatic vacation of interim order. Alteration/vacation/modification on motion. The application stands disposed of. CMP No. … of 2025 (CMPST No. 45011 of 2024) Be registered. Reply by appearing respondents to the application be filed within four weeks. Rejoinder thereto within four weeks, thereafter. List alongwith main appeal on next date. (Vivek Singh Thakur), Judge. 17th June, 2025 (Keshav)