Resham Devi v. Sukhdev Singh & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RA-CR No.219-CII of 2015 in FAO No.1750 of 2004 (O&M) Date of Decision: October 05, 2015 Reshma Devi ...Appellant

Versus

Sukhdev Singh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Pardeep Goyal, Advocate for the applicant-respondent No.2.

**** INDERJIT SINGH, J.

Applicant-Oriental Insurance Company Limited has filed this application under Section 114 read with Order 47 Rule 1 CPC for reviewing the order dated 22.07.2015.

At the time of arguments, learned counsel for the applicant argued that in the order dated 22.07.2015, this Court had not given the findings regarding the recovery rights of the Insurance Company against the owner etc. as held in the Award passed by the Tribunal. After hearing learned counsel for the applicant and after going through the record, I find that there was no dispute before this Court regarding recovery rights. No person has challenged the recovery rights nor any appeal has been filed to that extent. The only point in dispute was regarding enhancement of the compensation. VINEET GULATI 2015.10.12 15:42 I attest to the accuracy and authenticity of this document Chandigarh

RA-CR No.219-CII of 2015 in -2FAO No.1750 of 2004 Therefore, the compensation was enhanced from `1,500/- to `57,000/- and the remaining findings given by the Tribunal as were not in dispute before this Court would remain the same. There is no necessity to give those findings again in the appeal as the recovery rights were not in dispute before this Court. Therefore, finding no merit in the present application, the same is dismissed, with the above-said observations that recovery rights as given by the Tribunal would remain same and have not been set aside being not in dispute before this Court,. October 05, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.10.12 15:42 I attest to the accuracy and authenticity of this document Chandigarh