NATIONAL INSURANCE COMPANY LIMITED Vs. SMT. VIJAYA VYAS & ORS.
LAWS(RAJ)-2014-7-240
HIGH COURT OF RAJASTHAN
Decided on July 08,2014

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Smt. Vijaya Vyas And Ors. Respondents

JUDGEMENT

SANDEEP MEHTA,J. - (1.) The instant restoration application has been filed by the applicant/appellant Insurance Company seeking restoration of the S.B. Civil Misc. Restoration Application No. 202/2012, which was rejected by the learned Dy. Registrar (Judl.), Rajasthan High Court, jodhpur on 21.4.2014 in pursuance of the peremptory order dated 20.3.2014 passed by this Court. The earlier restoration application had been preferred for restoration of the S.B. Civil Misc. Appeal No. 3387/2011 (D) filed by the appellant after a delay of 43 days. The appeal was dismissed on account of the non-compliance of the peremptory order passed by this Court on 26.5.201 1.
(2.) I have heard the arguments advanced by Shri Sanjeev Johari, learned Counsel for the appellant on the application for restoration of the restoration application as well as on the merits.
(3.) Upon having examined the impugned award on merits, it is evident that the Tribunal has duly considered the material available on record and awarded just compensation to the claimants. The award has been challenged principally on the following grounds 1. The Tribunal wrongly applied the rise in income by' future prospects while calculating the compensation. 2. The multiplier of 15 applied by the Tribunal is excessive. 3. One of the claimants had been granted compassionate ground appointment upon the death of Ajay Vyas and thus, the claim should have been reduced accordingly.;


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