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Chuka Devi v. Icici Lombard General Insurance Company Ltd.

Chuka Devi v. Icici Lombard General Insurance Company Ltd.

(Supreme Court Of India)

Civil Appeal No. 6161 Of 2016 (Special Leave Petition (Civil) No. 27611 Of 2015) | 12-07-2016

Kurian Joseph, J.

Leave granted.

2. The appellants approached this Court aggrieved by the direction in the impugned order to refund the amount received by them in a claim petition filed under the Motor Vehicles Act. When the matter was taken up by this Court on 24.09.2015, the following order was passed:

"Taken on Board.

Application for exemption from filing O.T. is allowed.

Issue notice.

As the High Court has already ordered an inquiry, we are of the view that is only proper that the further directions issued to the petitioner no.1 to refund the amount disbursed to her be deferred for the time being.

Registrar of the High Court of Rajasthan Bench at Jaipur shall forward a copy of the inquiry report within six weeks from today.

Till the next date of hearing the order for refund of amount by the petitioner shall remain stayed.

Post the matter on 24th November, 2015."

3. The Registry of the High Court has given a Report that the files have been traced. It is informed that appeal itself was posted for hearing. Now, that the files have been traced, this appeal is disposed of with a request to the High Court to dispose of S.B.Civil Misc. Appeal No. 3220/2015 expeditiously and preferably before the end of this year.

4. The interim order dated 24.09.2015 passed by this Court shall continue till the disposal of the appeal by the High Court.

Advocate List
  • For the Appellants Anuj Bhandari, Rahul Pachauri, Advocates. For the Respondents Neerja Sachdeva, Meera Mathur, Advocates.
Bench
  • HON'BLE MR. JUSTICE KURIAN JOSEPH
  • HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Eq Citations
  • 2016 (7) SCJ 384
  • (2018) 12 SCC 538
  • 2016 (7) SCALE 573
  • LQ/SC/2016/855
Head Note

A. Motor Vehicles Act, 1988 — Ss. 166 and 167 — Claim petition — Appeal against High Court's order directing refund of amount received by appellants — High Court having already ordered an inquiry, held, it is only proper that further directions issued to refund amount disbursed to appellants be deferred for time being — Registrar of High Court to forward a copy of inquiry report within six weeks — Till next date of hearing, order for refund of amount by petitioner shall remain stayed — Matter disposed of with a request to High Court to dispose of appeal expeditiously