APURVA SHARMA Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) THE appellants, who are minors, have challenged the Orders dated 7. 11. 2005 and 10. 1. 2006 passed by the District & Sessions Judge, Jaipur City, Jaipur through their maternal grandfather, their guardian.

(2.) THE brief facts of the case are that the appellants were travelling with their parents on 12. 7. 1996 in a Maruti Car from Jaipur to Delhi. At around 1. 30 A. M. , in the intervening night of 12th /13. 07. 1996, the car met with a devastating accident wherein the driver and the appellant's parents expired on the spot. Subsequently, the maternal grandfather was appointed as a guardian vide Order dated 7. 11. 2005. THE present bone of intention seems to be the amount of terminal benefits to be paid by the Indian Bank to the appellant's father and the amount of Group Insurance Policy to be paid to the appellants. Since the Indian Bank, as the employer of their father, did not pay the correct amount, the appellants had filed a writ petition before this Court, registered as S. B. Civil Writ Petition No. 1408/2000. Vide Order dated 2. 8. 2002 this Court had passed certain directions both the Bank as well as to the learned District Judge: this Court had directed the learned District Judge to re- calculate the amount payable to the appellants and to issue necessary directions to the Indian Bank and the New India Assurance Company Ltd. to deposit the amount in FDR. Since the New India Assurance Company Ltd. was aggrieved by the said order, it had filed an appeal before the Division Bench of this Court. However, the Learned Division Bench was pleased to dismiss the said appeal. THErefore, the directions issued by the learned Single Judge reached finality. THE appellants present grievance is that instead of implementing the directions issued by this Court, vide Orders dated 7. 11. 2005 and 10. 1. 2006, the learned District Judge has rejected their application for re-calculating the amount and for issuing necessary directions to the Indian Bank and to the New India Assurance Company Ltd.

(3.) SINCE this court does not find any case for contempt of this Court, the notices of the contempt petition are discharged. .