HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 78/2021
1. Smt. Manju W/o Late Shri Radhakishan, Aged About 46
Years, Resident Of Shokaliya, Tehsil Sarwar, District
Ajmer.
2. Shankar S/o Late Shri Radhakishan, Aged About 25
Years, Resident Of Shokaliya, Tehsil Sarwar, District
Ajmer.
3. Pooja D/o Late Shri Radhakishan, Aged About 23 Years,
Resident Of Shokaliya, Tehsil Sarwar, District Ajmer.
4. Arati D/o Late Shri Radhakishan, Aged About 21 Years,
Resident Of Shokaliya, Tehsil Sarwar, District Ajmer.
5. Ku Bharti D/o Late Shri Radhakishan, Aged About 16
Years, Minor Through Her Natural Guardian Mother Smt.
Sanju. Resident Of Shokaliya, Tehsil Sarwar, District
Ajmer.
----Petitioners
Versus
1. Chhitar Lal S/o Shri Hajarilal, Resident Of Govta
Mandalgarh, District Bhilwara (Driver Of Truck No. Rj-30-
G-1588)
2. Rampal S/o Premdas, Resident Of 131, Triveni Choraha,
Tehsil Mandalgarh, District Bhilwara. (Owner Of Truck No.
Rj-30-G-1588)
3. The New India Insurance Company Ltd., Through
Divisional Manager, Divisional Office At Ajmer Having Its
Regional Office At Nehru Place, Tonk Road, Jaipur Cover
Note No. J.r.o. No. 589533 Validity From 16.06.2007 To
15.06.2008. (Insurer Of The Truck No. Rj-30-G-1588)
----Respondents
For Petitioner(s) : Mr.Sanjay Singhal, Adv. For Respondent(s) : Mr.J.P.Gupta, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
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(2 of 3) [CMAP-78/2021]
10/08/2021
Matter comes up on Misc. application filed by the Insurance Company for recalling the order dated 10.07.2021 passed by the National Lok Adalat.
Learned counsel appearing for the appellant National Insurance Company submitted that the National Lok Adalat in view of compromise entered between the parties, modified the award passed by the MACT dated 19.01.2019 by asking the Insurance Company to pay an additional amount of Rs.1,28,000/- along-with interest to the claimants.
Learned counsel submitted that inadvertently the award passed by the National Lok Adalat did not grant liberty to the Insurance Company to recover the said amount from the owner and driver as was initially directed in the original award passed by the MACT No.2, Kekri, District Ajmer.
Learned counsel submitted that this Court has power under Section 151 CPC to recall the order passed by the National Lok Adalat and as such he refers to a judgment reported in 2018 (3) RLW 2656 (Raj.) in the case of United India Insurance Company Ltd. Vs. Smt.Champa Bai & Ors.
Learned counsel Mr.J.P.Gupta appearing for the claimants fairly submitted that though the National Lok Adalat has directed Insurance Company to pay additional amount of Rs.1,28,000/-, however, the right of recovery to the Appellate Insurance Company, has not been granted.
I have heard the submissions made by learned counsel for the parties.
This Court finds that the original award was passed by the MACT No.2, Kekri, District Ajmer and while passing the award in (Downloaded on 11/08/2021 at 10:03:43 PM) (3 of 3) [CMAP-78/2021] favour of the claimants, right was given to the Insurance Company that they had liberty to recover the amount from the driver and owner of the vehicle involved in the accident.
This Court finds that the request of learned counsel Mr.Sanjay Singhal appearing for the appellant is absolutely as per the terms and conditions, which were given in the original award and as such the award passed by the National Lok Adalat needs to be reviewed to the extent that the Insurance Company will be paying additional amount of Rs.1,28,000/- along-with interest and after paying the said amount to the claimants, right as has been conferred on them to recover the amount from the driver and owner of the vehicle, the same right would also be made available to the Insurance Company and the award dated 10.07.2021 is modified to the extent of giving liberty to the Insurance Company to recover additional amount so paid to the claimants in pursuance of National Lok Adalat dated 10.07.2021.
Accordingly the application for recalling the order dated 10.07.2021 stands disposed of.
(ASHOK KUMAR GAUR),J Monika/Ramesh Vaishnav 53 (Downloaded on 11/08/2021 at 10:03:43 PM) Powered by TCPDF (www.tcpdf.org)