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2025 DAILYLAW 26366 (RAJ)

HARISH CHANDRA AND OTHERS v. LATEEF AND OTHERS

CMA/3976/2011 · 2025-01-09

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:1432] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3976/2011 Harish Chandra And Others ----Appellant Versus Lateef And Others ----Respondent For Appellant(s) : Mr. Jitendra Pandey For Respondent(s) : Ms. Raj Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/01/2025 1. Considered submissions of learned counsel for parties. 2. Initially, this S.B. CMA was allowed by a Co-ordinate Bench of this Court on 29.08.2011 and the award was enhanced by ₹50,000/- in presence of counsel for Insurance Company, thereafter, the application for recalling was filed by Insurance Company and a Co-ordinate Bench has recalled the order dated 29.08.2011 on 14.02.2013 and the instant S.B. CMA was re- registered. 3. A sequence of event further indicates that S.B. CMA no. 4050/2011 which was filed by Insurance Company to challenge the determination of compensation was disposed of before the National Lok Adalat on 13.07.2019 and the challenge to award by Insurance Company was dismissed. 4. Having considered the circumstances, it is appropriate to revive the order dated 29.08.2011 and dispose of present S.B. Civil Misc. Appeal in terms of order dated 29.08.2011 with one [2025:RJ-JP:1432] (2 of 2) [CMA-3976/2011] modification that Insurance Company shall pay 6% interest from 14.02.2013 till date of deposit. 5. In view of aforesaid, S.B. Civil Misc. Appeal is disposed of and the award dated 20.05.2011 in MAC Case no.47/2008 is modified and enhanced by ₹50,000/-. The claimants are also entitled for 6% interest from 14.02.2013 till date of deposit of amount before the learned Tribunal. After deposit, the tribunal is at liberty to disburse the same to the claimants. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /54