Shriram General Insurance vs Taju Khan @ Tajudeen on 2 November, 2018

rajasthan-high-court
Bench: P.K. Lohra

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2945/2018 Shriram General Insurance Company Limited, having Its Corporate Office At E-8, Epip, Riico, Sitapura, Jaipur, Through Its Authorized Representative

—-Appellant Versus

1. Taju Khan @ Tajudeen S/o Shri Mehnukhan, R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.

2. Smt. Batul Bano W/o Sh. Taju Khan @ Tajudeen, R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.

3. Mst. Femida D/o Late Kalu Khan @ Fariyad, (Minor) Minor Represented Through Their Next Friend And Grand Father Shri Taju Khan @ Tajudeen. R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.

4. Mst. Feeja D/o Late Kalu Khan @ Fariyad, (Minor) Minor Represented Through Their Next Friend And Grand Father Shri Taju Khan @ Tajudeen. R/o Ward No. 9, Village And Tehsil Bhadra, District Hanumangarh.

5. Padam Singh S/o Shri Kedarilal Mauriya, R/o Shakilapur Amarpuri Kashi, Tehsil Bilari, District Muradabad. (Up) (Driver)

6. Mohd. Kamil S/o Mohd. Khalil Rangrej, R/o Maszid Lane No. 4, Kasth Road, Hatharla, Tehsil And District Murabadabad (Up) (Owner)

7. Smt. Shabira W/o Sh. Rafiq Khan, Akhan Muslim, R/o Ward No. 10, Gangiyasar, Tehsil Malsisar, District Jhunjhunu.

                                                          ----Respondents



For Appellant(s)           :    Mr. Jagdish Vyas
For Respondent-            :    Mr. Rajesh Panwar with Mr. M.S. Soni
claimants
                                                                     (2 of 2)           [CMA-2945/2018]




                                                 HON'BLE MR. JUSTICE P.K. LOHRA

                                                                 Order

                                   02/11/2018

                                        Admit.

Notices qua respondent-claimants and respondent No.7 are waived. Let notices be issued to respondent Nos. 5 & 6 only.

In the facts and circumstances of the case, execution of impugned award dated 30.08.2018 passed by Motor Accident Claims Tribunal, Bhadra, District Hanumangarh in Claim Case No.5/13 shall remain stayed subject to the condition that appellant-insurer shall deposit before the learned Tribunal 60% of the award amount with interest, inclusive of the amount already deposited, within a period of four weeks from today. The said amount may be disbursed to the respondent-claimants by the learned Tribunal in accordance with law.

(P.K. LOHRA),J Bharti/32 Powered by TCPDF (www.tcpdf.org)

Law On Writs in India (रिट पर कानून)

In common law, a writ (Anglo-Saxon gewrit, Latin breve)[1] is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a courtWarrantsprerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.

In its earliest form a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time.[2] An early usage survives in the United KingdomCanadaand Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for State elections) to local officials (High Sheriffs of every county in the historical UK) to hold a general election. Writs were used by the medieval English kings to summon persons to Parliament,[3] (then consisting primarily of the House of Lords) whose advice was considered valuable or who were particularly influential, and who were thereby deemed to have been created “barons by writ“.

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