Rajasthan High Court - Jodhpur
Ashok Kumar vs Nayan Kumar Patel And Ors on 5 April, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Civil Misc. Appeal No. 778/2017.
Ashok Kumar S/o Shri Bhurman Ji Kumawat, Age 41 years, R/o
Govindgarh, District-Jaipur. Presently C/o Shri Harish Chandra
Suthar, Street Opposite Aara Machine, Bargaon, District-
Udaipur.
----Appellant
Versus
1. Nayan Kumar Patel S/o Shri Gamer Lal Patel, R/o
Patelwara, Kasba Salumber, District- Udaipur. Driver Of
Motor Cycle No. Rj-27-Sh-0070
2. Gamer Lal Patel S/o Shri Jai Kishan Patel, R/o Patelwara,
Kasba Salumber, District- Udaipur. Owner Of Motor Cycle
No. Rj-27-Sh-0070
3. United India Insurance Company Ltd. Through Its Branch
Manager, Shastri Circle, Udaipur. Insurance Company Of
Motor Cycle No. Rj-27-Sh-0070
----Respondents
For Appellant(s) : Mr. Vinay Arora
For Respondent(s) : Mr. Manish Tak
Mr. Kuldeep Vaishnav
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
05/04/2021
As per office report, notices sent to the respondent No.2
have been received unserved that the noticee had died hence, not
served and necessary steps for bringing the legal representatives
(2 of 3) [CMA-778/2017]
of the deceased respondent No.2 have not been taken by the
learned counsel for the appellant.
In view of the above, learned counsel for the appellant
prayed that the name of the said respondent may be deleted from
the array of parties. The prayer has not been opposed by learned
counsel for the respondents.
Accordingly and at the request of the learned counsel for the
appellant, the name of the deceased respondent No.2 (Gamer Lal
Patel) is ordered to be deleted from the array of parties.
The instant appeal has been preferred under Section 173 of
the Motor Vehicles Act, 1988 on behalf of the claimant, seeking
enhancement of the amount of compensation, against the
judgment and award dated 21.12.2016 passed by the learned
Judge, Motor Accident Claims Tribunal No. II, Udaipur in Claim
Case No. 94/2016 titled as "Ashok Kumar Vs. Nayan Kumar &
Ors." whereby, the learned Tribunal awarded only a sum of
Rs.48,000/- as compensation in favour of the claimant.
Today, learned counsel appearing on behalf of the
respondent No.3 - Insurance Company stated that the company is
ready to enhance the amount by Rs. 49,000/- over and above the
awarded amount of Rs.48,000/- inclusive the amount of interest.
Meaning thereby, the total compensation comes to Rs.97,000/-
instead of Rs.48,000/- as awarded by the learned Tribunal.
Accordingly, this appeal is partly allowed; the award dated
21.12.2016 is modified in the manner that now the appellant-
claimant is held entitled for a total compensation of Rs. 97,000/-
inclusive the amount of interest. The respondent No.3 - Insurance
Company is directed to pay the enhanced amount to the
appellant-claimant within a period of two months; failing which,
(3 of 3) [CMA-778/2017]
the appellant-claimant would be held entitled to receive interest @
9% per annum till the date of realisation of the amount.
With the observations foregoing, the appeal is partly allowed
in the manner indicated above.
(DEVENDRA KACHHAWAHA),J
63-akshay/-
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