2008 Supreme(Raj) 2566
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Narendra Kumar Jain, J.
Bajaj Allianz General Insurance Company Limited - Appellant
Versus
Ramkanya Bai and Others - Respondent
S.B. Civil Misc. Appeal No. 1633 of 2008 With S.B. Civil Misc. Stay Appl. No. 1056 of 2008.
Decided On : 16-10-2008
For the Appellant:Virendra Agrawal, Advocate.
For the Respondents:Gorishankar Gauttam for Santosh Kumar Jain, Advocates.
Headnote:M. V. A, 1988, S.140 and 173 – Appeal by Insurance company, dismissed, held – After the dismissal of the claim petition itself by the Tribunal the appeal filed by the Insurance company u/s 140 of the Act has become infructious.
JUDGMENT
1. - Learned counsel for the appellant submits that this appeal was preferred against the interim award passed under Section 140 of the Motor Vehicles Act, whereas the learned Tribunal has now dismissed the claim petition itself of the claimants finally against the Insurance Company vide its judgment dated 27th August, 2008.
2. In view of the statement of the learned counsel for the appellant, the appeal has become infructuous and the same is dismissed as such.
3. The learned counsel for the appellant submits that the amount of Rs.25,000/- was deposited by the appellant before filing of the present appeal, therefore, necessary order may be passed in this regard. No order in this regard is required to be passed by this Court as the appellant may move an appropriate application in this regard before the Tribunal itself.
4. Consequent upon dismissal of the appeal itself, the stay application as well as the application under Section 151 of the CPC, filed therewith, do not survive and the same also stand dismissed.Appeal Dismissed.
*******
Click Here to Read the rest of this document
Back
