Rajasthan High Court - Jodhpur
Dinesh Kumar Jindal vs Kishanlal And Ors on 19 August, 2021
Bench: Vinit Kumar Mathur
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
(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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