HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 386/2015 Dinesh Kumar Jindal S/o. Rameshwar Prasad Jindal, by caste- Agarwal, Aged 54 years, R/o. Near Vishnu Dharmshala, Abu Road, District Sirohi, Rajasthan.
----Appellant/Claimant Versus
1. Kishanlal S/o. Babulal, by caste Banjara, Resident of Nandia, Tehsil Pindwara, District Sirohi.
--- Driver of alleged Truck No.RJ-21-G-1326
2. Mithalal S/o. Babulal, by caste- Banjara, Resident of Nandia, Tehsil Pindwara, District Sirohi.
--- Owner of alleged Truck No.RJ-21-G-1326
3. ICICI Lombard General Insurance Co. Ltd., II Floor, Bhagwati Bhawan, Above P.L. Motors, Near Govt. Hostel Choraha, Jaipur (Rajasthan).
--- Insurance Company
----Respondents/Non-claimants
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Vinay Kothari
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment 19/08/2021 An application (01/2021) has been filed on behalf of the appellant for dispensing service upon the respondent Nos.1 & 2.
For the reasons mentioned in the application, the same is allowed. Service of notice upon respondent Nos. 1 & 2 is dispensed with at the risk and cost of the appellant.
The present appeal has been preferred against the judgment and award dated 05.01.2015 passed by the Motor Accident Claim Tribunal, Abu Road, District Sirohi in Motor Accident Claim Case No.85/2012 whereby, the learned Tribunal awarded a sum of Rs.1,96,400/-(Rupees: One Lac Ninety Six Thousand Four Hundred Only) on account of the injuries suffered by the appellant-claimant in the accident which occurred on 25.01.2012 (Downloaded on 19/08/2021 at 09:02:56 PM) (2 of 2) [CMA-386/2015] Learned Tribunal after framing the issues, evaluating the evidence on record and hearing the learned counsel for the parties decided the claim petition of the appellant-claimant.
Learned counsel for the respondent No.3-Insurance Company has offered a lump-sum amount of Rs.3,00,000/- (Rupees: Three Lac Only) in addition of the amount already awarded by the Tribunal to be paid to the appellant-claimant towards full and final settlement of the claim.
The offer given by the learned counsel for the respondent No.3-Insurance Company is gracefully accepted by the learned counsel for the appellant-claimant.
In these circumstances, the present appeal is disposed of with a direction to the learned counsel for the respondent No.3- Insurance Company to pay the enhanced amount of Rs.3,00,000/- (Rupees: Three Lac Only) in favour of the appellant-claimant in addition to the amount already awarded by the Tribunal vide its judgment and award dated 05.01.2015 towards full and final settlement. The enhanced amount of Rs.3,00,000/- (Rupees: Three Lac Only) shall be paid by the respondent No.3-Insurance Company to the appellant-claimant within a period of six weeks from today, failing which the enhanced amount shall carry interest @ 6% p.a. till the same is paid.
The amount so deposited by the respondent-Insurance Company shall be disbursed by the Tribunal in the Saving Bank Account of the claimant in accordance with law.
Record of the Tribunal be sent back forthwith.
(VINIT KUMAR MATHUR),J 100-SunilS/-
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