National Insurance Company Limited v. Rinki Devi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 784 of 2017 National Insurance Company Limited, Branch Office Kali Mandir Road, Jharsuguda (Orissa), Tahsil-Jharsuguda, District- Jharsuguda (Orissa) ---- Petitioner

Versus

1.

Rinki Devi, Wd/o Late Anand Kumar Chouhan, aged about 25 years, R/o Gujrati Mohalla, Station Chowk, Raigarh (C.G.) 2.

Saroj Yadav, S/o Manoj Yadav, aged about 25 years, Occupation-Driver, R/o Mohanpur, P.S.-Mahnar, District-Samastipur (Bihar) 3.

Santosh Kumar Choudhary, S/o Moha Lal Choudhary, Jhadeshwar Transport, Shahpara, Jharsuguda (Orissa) 4.

Chhattisgarh Electricity Board, Office Raigarh (C.G.) 5.

State of Chhattisgarh, through the Collector, Raigarh (C.G.) ----Respondents For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondent No. 5 : Mr. Arun Sao, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/11/2018 1.

By the impugned order dated 26.07.2017, execution case initiated by claimants against the petitioner/Insurance Company has been closed as the appeal preferred by the petitioner /Insurance Company has been allowed by this Court vide order dated 14th March, 2012 passed in M.A. (C) No. 791 of 2011.

2.

However, learned counsel appearing for the petitioner /Insurance Company would submit that the National Insurance Company Limited is entitled to refund of the amount, which has been paid to the claimants.

3.

I have heard learned counsel appearing for the petitioner.

4.

Be that as it may, the petitioner / Insurance Company is at liberty to proceed in accordance with law for refund of the amount, which has been paid to the claimants as the execution case filed by the claimants has been closed by the impugned order. 5.

With the aforesaid liberty, the writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-