1 S.B.CIVIL MISC. APPEAL NO.7/2005 National Insurance Company Ltd. vs. Smt. Hanja and others. DATE OF JUDGMENT ::: 10.1.2006 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr. Jagdish Vyas, for the appellant. Mr. AA Khan, for the respondent. - - - - - Heard learned counsel for the parties. The service of the respondent no.4 is dispensed with in view of the fact that the Hon'ble Apex Court has already decided the issue which is said to be involved in this appeal, in the case of National Insurance Co. Ltd. vs. Swaran Singh and ors. reported in AIR 2004 SC 1531. In view of the above, I do not find any merit in this appeal and accordingly, the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya