HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 45/2021
In
S.B. Civil Misc. Appeal No. 4154/2009
Lekhram Son Of Jhabar Ram, aged about 39 years, R/o
Amarpura, Tehsil Narnaul, Distt. Mahendragarh (Haryana)
----Appellant/Claimant
Versus
1. Krishna Kumar Son Of Surjaram, R/o Bakoti, Tehsil Khetri,
Distt. Mahendragarh (Haryana) (Driver of the Vehicle No. RJ-18-
T-0661)
2. Laxman Singh son of Jaman Singh, R/o Bilwa, Tehsil Khetri,
Distt. Jhunjhunu (Owner of the Vehicle No. RJ-18-T-0661)
3. ICICI Lombard Insurance Company Ltd., through its Regional
Manager, Regional Office at C-Scheme, Jaipur
----Respondents
For Applicant(s) : Mr. Rizwan Ahmed for Mr. Dheeraj Tripathi, Advocate For Respondent(s) : Mr. C.S. Jodha, Advocate HON'BLE MR. JUSTICE PRAKASH GUPTA Order 08/04/2021 Matter comes up on an application for correction in the order dated 15.12.2020 passed by this Court in S.B. Civil Misc. Appeal No. 4154/2009.
Learned counsel for the applicant submits that vide judgment dated 6.3.2009 passed by the Motor Accident Claims Tribunal, a sum of Rs. 5,27,000/- was awarded in favour of the claimant. Thereafter an appeal was filed by the claimant appellant before this Court for enhancement of compensation. During the pendency of the appeal, both the parties entered into a compromise and it was agreed between the parties that an amount of Rs. 4,00,000/- in addition to the award amount shall be (Downloaded on 15/04/2021 at 08:30:34 PM) (2 of 2) paid to the claimant by the Insurance Company by depositing the same before the Tribunal within 6 weeks from the date of compromise towards full and final settlement of the appeal, failing which the claimants would be entitled for interest @ 6% p.a. from the date of compromise till actual payment is made. In that view of the matter, the appeal was disposed of vide order dated 15.12.2020, but due to typographical error, at page 2 of the order, the words "in addition to the award amount" were not mentioned. The claimant filed an application before the Tribunal for disbursement of the enhanced amount, but the Tribunal denied to entertain the application on the ground that in the order dated 15.12.2020, nothing was mentioned that the said amount was in addition to the award amount passed by the Tribunal.
Learned counsel for the Insurance Co. does not dispute the aforesaid aspect of the matter.
Taking into consideration the facts and circumstances of the case, the order dated 15.12.2020 passed by this Court is modified and it is clarified that the amount of Rs. 4,00,000/- as agreed to be paid by the Insurance Co. to the claimant, is in addition to the amount, as awarded by the Tribunal. Rest part of the order dated 15.12.2020 shall remain unchanged.
However, the Motor Accident Claims Tribunal is directed to disburse the enhanced amount in favour of the claimant immediately, if the enhanced amount has already been deposited by the Insurance Co.
This order shall be treated as an integral part of the order dated 15.12.2020 passed by this Court. The application stands disposed of accordingly.
(PRAKASH GUPTA),J DILIP KHANDELWAL /35 (Downloaded on 15/04/2021 at 08:30:34 PM) Powered by TCPDF (www.tcpdf.org)