Rajasthan High Court
Lekhram Son Of Jhabar Ram vs Krishna Kumar Son Of Surjaram on 8 April, 2021
Bench: Prakash Gupta
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
(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
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