Rajasthan High Court
Smt. Manju W/O Late Shri ... vs Chhitar Lal S/O Shri Hajarilal on 10 August, 2021
Bench: Ashok Kumar Gaur
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
(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
(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
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