Himachal Pradesh High Court
CMP.M/150/2020 of NATIONAL INSURANCE COMPANY Vs KANTA DEVI AND OTHERS on 31 December 2021
No. 150 of 2020 31.12.2021 Present: Mr. Bhupinder Pathania, Advocate, for the applicant. Mr. Sanjay Jaswal, Advocate, for respondents No.1 and 2. Mr. S.D. Vasudeva, Advocate, for respondent No.3. Respondent No.4 is stated to be dead. CMP(M) No. 150 of 2020 By way of this application, a prayer has
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CMP(M) No. 150 of 2020
31.12.2021 Present:Mr. Bhupinder Pathania, Advocate, for the applicant. Mr. Sanjay Jaswal, Advocate, for respondents No.1 and 2.
Mr. S.D. Vasudeva, Advocate, for respondent No.3. Respondent No.4 is stated to be dead.
CMP(M) No. 150 of 2020
By way of this application, a prayer has been made for condonation of 32 days delay in filing the appeal.
Having heard learned counsel for the parties and having perused the averments made in the application, the same is allowed by condoning the delay in filing the appeal. Application stands disposed of.
FAO No. __________________ of 2021
Be registered. Heard.
Admit. Post admission notice. Mr. Sanjay Jaswal, Advocate, accepts post admission notice on behalf of respondents No. 1 and 2, whereas Mr. S.D. Vasudeva, Advocate accepts post admission notice on behalf of respondent No.3. List in due course.
CMP No. 14708 of 2021
By way of this application, filed under Order 41 Rule 14 Sub Rule 4 read with Section 151 of the Civil Procedure Code, a prayer has been made for dispensing with the service of respondent No.4, inter-alia on the ground that the said respondent was proceeded against ex parte before the learned Tribunal below and his whereabouts are otherwise not known.
Learned counsel for the applicant further submits that in view of the contentions which have been raised in this appeal otherwise also respondent No.4 is not a necessary party.
There is no opposition to the prayer so made by way of this application by the respondents.
Having heard learned counsel for the applicant as well as represented parties, this application is disposed of with the direction that the service of respondent No.4 is dispensed with but at the risk and peril of the appellant.
CMPST No. 9332 of 2020
This application is disposed of with the direction that in the event of the applicant depositing entire award amount with up-to-date interest with the Registry of this Court within a period of eight weeks from today, the operation of the impugned award dated 06.09.2019, passed by the Court of learned Motor Accident Claims Tribunal-III, Kangra at Dharamshala, H.P., in MACP No. 76-K/2011, titled as Kanta Devi & Anr., Vs. Shashi Pal & Ors., shall remain stayed. It is clarified that in case the award amount with up-to-date-interest is not deposited within the aforesaid period, then the pendency of this appeal shall not come in the way of the respondents for execution of the award is under challenge.
(Ajay Mohan Goel) Judge
December 31, 2021(Vinod)