CHUKA DEVI AND ORS. Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. & ORS.

MOTOR VEHICLES ACT, 1988
Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6161 of 2016, Judgment Date: Jul 12, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 6161  OF 2016
                 (Arising out of SLP ( C) No. 27611 of 2015)


      CHUKA DEVI AND ORS.                              APPELLANTS

                                   VERSUS


      ICICI LOMBARD GENERAL INSURANCE
      COMPANY LTD. & ORS.                             RESPONDENTS


                               J U D G M E N T

      KURIAN,J.

1.    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.

                                                       ..................J.
                                                      [KURIAN JOSEPH]


                                                      ....................J.
                                                  [ROHINTON FALI NARIMAN]
  NEW DELHI;
  JULY 12,2016
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