Smt. Leela Prajapat vs Ramesh Chandra Kahar And Ors
2021 Latest Caselaw 19071 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3011/2016

Smt. Leela Prajapat W/o Sh. Shantilal Prajapat, R/o Village Khartana, Tehsil Mavali, District- Udaipur Raj..

----Appellant Versus

1. Ramesh Chandra Kahar S/o Chatarbhuj Kahar, R/o Ranpur, Tehsil Ladpura, District- Kota Raj. Driver

2. Bharat Prakash Rebari S/o Udailal Rebari, R/o Amarpura, Tehsil Banra, Distt. Banra Raj. Owner

3. Rajaram Gurjar S/o Devilal Gurjar, R/o Village Bawarikhera, Tehsil Ladpura, Distt. Kota Raj.

4. Shriram General Insurance Company Ltd., Through Its Branch Manager, Branch Office At- E-8, Riico Industrial Area, Sitapura, Jaipur Raj.

                                                                 ----Respondents


For Appellant(s)            :    Mr. Anuj Sahlot
For Respondent(s)           :    Mr. Vishal Singhal for R.4 Insurance
                                 Company



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                        Order

15/12/2021

     This   appeal     is       filed    by      the    appellant-claimant     for

enhancement of compensation.

The Motor Accident Claims Tribunal No.1, Udaipur vide

judgment dated 06.10.2016 in MACT Case No.523/2015 passed

award of Rs.8,58,400/- with interest @8.5% per annum in favour

of the claimants but the claimants submit that the compensation

by Tribunal is inadequate and same deserves to be enhanced.

The counsel appearing for the Insurance Company has

agreed to enhance the compensation to the tune of Rs.3,00,000/-.

(2 of 2) [CMA-3011/2016]

In this view of settlement arrived at between the appellant-

claimants and respondent No.4 Insurance Company to enhance an

additional amount of Rs.3,00,000/- as lump-sum in addition to

compensation already granted by the Tribunal, this appeal is

disposed of in following terms.

The Insurance Company shall pay additional Rs.3,00,000/-

as lump-sum amount, in addition to the compensation already

awarded vide impugned judgment 06.10.2016 passed in MACT

Case No.523/2015, within a period of four weeks to the appellant-

claimants, failing which on the enhanced amount, the interest

@7.5% from the date of enhancement till payment shall be

payable.

The award impugned dated 06.10.2016 passed by Motor

Accident Claims Tribunal No.1, Udaipur in MACT Case No.

523/2015 is modified accordingly.

In view of the above, the appeal is disposed of.

The stay application and all other pending application are

also disposed of.

(SUDESH BANSAL),J

106-AnilKC/-

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