Rajasthan High Court - Jodhpur
The New India Assurance Co. Ltd vs Smt. Pappu Devi (2024:Rj-Jd:40048) on 26 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:40048]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Misc. Application No. 70/2024
The New India Assurance Co. Ltd., Through Its Authorized Office,
T.p. Claims Hub, Divisional Office - 1, Abhay Chambers, Jalori
Gate, Jodhpur.
----Petitioner
Versus
1. Smt. Pappu Devi W/o Late Joga Ram, R/o Devariya
(Deriya), Tehsil Pachpadra, Dist. Barmer.
2. Ramesh S/o Late Joga Ram, (Minor) Minor Represented
Through Natural Guardian Mother Smt. Pappu Devi. R/o
Devariya (Deriya), Tehsil Pachpadra, Dist. Barmer.
3. Mst. Mamta D/o Late Joga Ram, (Minor) Minor
Represented Through Natural Guardian Mother Smt.
Pappu Devi. R/o Devariya (Deriya), Tehsil Pachpadra,
Dist. Barmer.
4. Mst. Netu D/o Late Joga Ram, (Minor) Minor Represented
Through Natural Guardian Mother Smt. Pappu Devi. R/o
Devariya (Deriya), Tehsil Pachpadra, Dist. Barmer.
5. Sona Ram S/o Shri Kana Ram, R/o Devariya (Deriya),
Tehsil Pachpadra, Dist. Barmer.
6. Smt. Madhu Devi W/o Shri Sona Ram, R/o Devariya
(Deriya), Tehsil Pachpadra, Dist. Barmer.
7. Bhanwar Lal S/o Shri Chaina Ram Vishnoi, R/o Village
Joliyali Hemnagar, Dist. Jodhpur (Owner)
----Respondents
For Petitioner(s) : Mr. Jagdish Vyas.
HON'BLE DR. JUSTICE NUPUR BHATI
Order 26/09/2024
1. The instant misc. application has been filed by learned counsel for the applicant/appellant-Insurance Company seeking clarification/modification in the judgment/award dated 12.08.2024 (Downloaded on 28/09/2024 at 10:18:05 PM) [2024:RJ-JD:40048] (2 of 3) [CMAP-70/2024] passed in S.B. Civil Misc. Appeal No.1142/2016 [The New India Assurance Company Ltd. v. Smt. Pappu Devi & Ors.] passed by this Court whereby the misc. appeal filed by the claimants was partly allowed and they were also held entitled to get enhanced compensation.
2. It is submitted by learned counsel for the applicant/appellant-Insurance Company that para No.17 has inadvertently been framed as under:-
"17.In this view of the matter, this Court is of the view that the impugned order dated 23.12.2015 passed by the learned Commissioner, Employer's Compensation, Balotra (Barmer) in Claim Case No. E.C.C.F 52/2011 is modified to the extent of the joint and several liability imposed upon the appellant/insurance company to pay compensation to the claimants/respondent no. 1 to 6. The claimants would be at liberty to recover the amount of penalty from the owner-respondent No.7 of the offending vehicle."
3. Learned counsel for the applicant - Insurance Company also orally submits that inadvertently, the rate of interest has also not been mentioned in para No.18 of the judgment dated 12.08.2024. Learned counsel for the applicant Insurance Company thus, urges that rectification of the aforesaid error is essential.
4. In view of the submissions made, this Court finds that inasmuch as the appeal preferred by the appellant Insurance Company has been allowed by this Court vide judgment/award dated 12.08.2024, thus, in Para 17 it ought to have been mentioned that the appellant Insurance company is exonerated (Downloaded on 28/09/2024 at 10:18:05 PM) [2024:RJ-JD:40048] (3 of 3) [CMAP-70/2024] from its liability to pay compensation to respondent/claimants. Thus, the application filed by the applicant/appellant - Insurance Company is allowed in the interest of justice. Paras No.17 & 18 of the judgment/award dated 12.08.2024 shall be read as under:-
"17. In this view of the matter, this Court is of the view that by the impugned order dated 23.12.2015, the Commissioner, Employees' Compensation Balotra has erred in fastening the liability to pay the compensation upon the appellant Insurance Company. The order impugned is accordingly modified and the appellant Insurance company is exonerated from its liability to pay the compensation and the claimants would be at liberty to recover the amount of compensation, as determined by the Commissioner, from the respondent No.7/owner. Any amount, if already deposited by the appellant-Insurance Company, shall be adjusted accordingly.
18. In compliance of the interim order dated 20.05.2016, 50% of the compensation amount along with interest @ 6% deposited by the appellant - Insurance Company shall be recovered from the owner of the vehicle."
5. This order shall be treated as part and parcel of the order dated 12.08.2024.
(DR. NUPUR BHATI),J 487-pradeep/-
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