NATIONAL INSURANCE COMPANY LIMITED v. GAURAV HAZRI AND OTHERS
CMP.M/5/2025 · 2025-05-20
Vivek Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26701 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26701 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
National Insurance Company Vs. Gaurav Hazri & others.
CMP (M) No. 5 of 2025 20.5.2025 Present: Mr.Ishan
Sharma,
Advocate,
for
the applicant/appellant. Mr.Jai Lal, Advocate, vice Mr.G.R. Palsra, Advocate, for respondents No. 1 to 3 {(who are also respondents No. 4(a) to 4(c)}. None for respondents No. 4(d), 4(e) and 4(g) to 4(i). Mr.Kulwant Singh Gill, Advocate, for respondent No. 5. Ms.Ranjana Sharma, Advocate, vice Mr.Vikas Rathore, Advocate, for respondent No. 6.
CMP (M) No. 716 of 2025 This application has been filed for deletion of respondent No. 4(f) Narender Kumar. Narender Kumar before MACT was arrayed as party-respondent No. 4(vi). It is apparent from the memo of parties of the award passed by the MACT that Narender Kumar (respondent No. 4(vi) in the claim petition was substituted through his legal heirs Nitin Hazri, Arvind Hazri and Sudesh Hazri as respondents No. 4(vi)(a) to 4(vi)(c), respectively. Therefore, it is apparent that memo of parties filed in present appeal is faulty. Instead of arraying respondent No. 4(f) Narender Kumar in the appeal, his legal heirs are to be arrayed as
party/respondents in this appeal and being a dead person and stands substituted before the MACT Narender Kumar was/is not required to arrayed as party. With the aforesaid observations, this application is
disposed of being not pressed.
CMP (M) No. 5 of 2025 This application has been filed for condonation of delay of 34 days in filing the appeal. No reply has been filed by appearing respondents, however, application has been opposed on the ground that day to day delay, as required to be explained under law, has not been explained. Taking into consideration averments made in the application and submissions made by learned counsel for the parties, delay of 34 days in filing the appeal is condoned. The appeal be registered. The application is allowed and disposed of.
FAO (MVA) No. ….. of 2025 (FAOST No. 49503 of 2024) Correct memo of parties in terms of observations made in CMP (M) No. 716 of 2025, be filed within one week. Admit. Appeal be registered. Post Admission notice to unrepresented respondents, i.e. respondent No. 4(d), 4(e) and 4(g) to 4(i),
returnable on next date of hearing, be issued on taking steps within a week. Records be requisitioned. List for further orders on 22nd July, 2025.
CMP No. ….. of 2025 (CMPST No. 49507 of 2024 Be registered. Subject to deposit of entire awarded amount alognwith up to date interest in the Registry of this Court on or before 15th July, 2025, execution and operation of impugned
order dated 19.7.2024 passed by Motor Accident Claims Tribunal Sarkaghat (Camp at Jogindernagar) in Registration No. 177/2015 (CNR No. HPMA210000342015, shall remain stayed during pendency of present Revision Petition, subject to addition/alteration/vacation on motion. The application stands disposed of.
(Vivek Singh Thakur),
Judge.
20th May, 2025 (Keshav)