Gopal Chand Singhal Vs. Bhambhal and ors.

Gopal Chand Singhal vs Bhambhal and ors.

Type Court Judgment Court Rajasthan Decided Jan 07, 2005

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https://sooperkanoon.com/case/771249

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Citation: sooperkanoon.com/771249
Court: Rajasthan High Court
Judge: Dalip Singh, J.
Decided On: Jan 07, 2005
Subject: Insurance;Motor Vehicles

Case Summary

AI-generated summary - not the official court judgment text.

- - Learned Senior Counsel for the applicant-appellant submits that in view of the fact that the appeal was allowed and the award passed by the Tribunal has been satisfied by the Insurance Company, the amount of Rs. 4. Learned Senior Counsel for the applicant-appellant has drawn my attention to the letter of the I...

Key legal issue: Insurance;Motor Vehicles

Parties & Advocates

Appellant / Petitioner

Gopal Chand Singhal

Respondent

Bhambhal and ors.

Legal References

Reported In: II(2005)ACC554

Excerpt

- - learned senior counsel for the applicant-appellant submits that in view of the fact that the appeal was allowed and the award passed by the tribunal has been satisfied by the insurance company, the amount of rs. 4. learned senior counsel for the applicant-appellant has drawn my attention to the letter of the insurance company dated 27.1.2000 wherein the insurance company has stated that the amount in pursuance of the order dated 24.11.1997 passed in the appeal by this court has been complied with and the award stands satisfied by the payment made by the insurance company.dalip singh, j.1. this misc. application has been filed on behalf of the applicant-appellant in sbcma no. 311 /1994 which was decided by this court vide order dated 24.11.1997 partly allowing the appeal.2. in this application, the applicant-appellant has prayed that at the time of filing of the aforesaid appeal an amount of rs. 15,125/- was deposited in the court on 13.1.1994 vide challan no. prr 67 and the copy of which has been placed on record. learned senior counsel for the applicant-appellant submits that in view of the fact that the appeal was allowed and the award passed by the tribunal has been satisfied by the insurance company, the amount of rs. 15,125/- deposited by the appellant may be ordered to be refunded to the applicant-appellant.3. a notice of the aforesaid application was issued to the respondents including the insurance company.4. learned senior counsel for the applicant-appellant has drawn my attention to the letter of the insurance company dated 27.1.2000 wherein the insurance company has stated that the amount in pursuance of the order dated 24.11.1997 passed in the appeal by this court has been complied with and the award stands satisfied by the payment made by the insurance company.5. no one has put in appearance on behalf of the respondents to oppose the aforesaid application today despite service. in this view of the matter, the prayer made by the applicant-appellant made in the application is allowed. the amount of rs. 15,125/- deposited by the applicant-appellant is ordered to be refunded. the deputy registrar (judl.) shall do the needful for necessary sanction for the payment of the aforesaid amount.accordingly, the application stands disposed of.

Full Judgment

Dalip Singh, J.

1. This misc. application has been filed on behalf of the applicant-appellant in SBCMA No. 311 /1994 which was decided by this Court vide order dated 24.11.1997 partly allowing the appeal.

2. In this application, the applicant-appellant has prayed that at the time of filing of the aforesaid appeal an amount of Rs. 15,125/- was deposited in the Court on 13.1.1994 vide Challan No. PRR 67 and the copy of which has been placed on record. Learned Senior Counsel for the applicant-appellant submits that in view of the fact that the appeal was allowed and the award passed by the Tribunal has been satisfied by the Insurance Company, the amount of Rs. 15,125/- deposited by the appellant may be ordered to be refunded to the applicant-appellant.

3. A notice of the aforesaid application was issued to the respondents including the Insurance Company.

4. Learned Senior Counsel for the applicant-appellant has drawn my attention to the letter of the Insurance Company dated 27.1.2000 wherein the Insurance Company has stated that the amount in pursuance of the order dated 24.11.1997 passed in the appeal by this Court has been complied with and the award stands satisfied by the payment made by the Insurance Company.

5. No one has put in appearance on behalf of the respondents to oppose the aforesaid application today despite service. In this view of the matter, the prayer made by the applicant-appellant made in the application is allowed. The amount of Rs. 15,125/- deposited by the applicant-appellant is ordered to be refunded. The Deputy Registrar (Judl.) shall do the needful for necessary sanction for the payment of the aforesaid amount.

Accordingly, the application stands disposed of.

Same Court & Year Rajasthan · 2005 Same Parties Gopal Chand Singhal vs Bhambhal and ors. Same Subject Insurance;Motor Vehicles Same Judge Dalip Singh, J.

Insurance;Motor Vehicles