Smt. Seeta Devi vs Ranjeet Singh
2021 Latest Caselaw 19072 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2151/2019

1. Smt. Seeta Devi W/o Laxmanlal, Aged About 43 Years, B/ c Bheel, R/o Baghana, Tehsil Bhim, District Rajsamand.

2. Lalit S/o Laxmanlal, Aged About 22 Years, B/c Bheel, R/o Baghana, Tehsil Bhim, District Rajsamand.

3. Vimal Kumar S/o Laxmanlal, Aged About 20 Years, B/c Bheel, R/o Baghana, Tehsil Bhim, District Rajsamand.

4. Heeralal S/o Laxmanlal, Aged About 18 Years, B/c Bheel, R/o Baghana, Tehsil Bhim, District Rajsamand.

5. Lokesh S/o Laxmanlal, Aged About 16 Years, Minor Through Natural Guardian Mother Smt. Seeta Devi. B/c Bheel, R/o Baghana, Tehsil Bhim, District Rajsamand.

----Appellants Versus

1. Ranjeet Singh S/o Sujan Singh Rawat, R/o Punera Jawaja, Tehsil Beaware, District Ajmer (Driver)

2. Jagmal Singh S/o Ramsingh Bhati, R/o 77, Hawaldaran Ka Mohalla, Baghsuri, Tehsil Nasirabad, District Ajmer (Owner)

3. Manager, Sri Ram General Insurance Company Ltd., Branch Office, E-8, Epip, Sitapura Industrial Area, Jaipur. (Insurer)

----Respondents

For Appellant(s) : Mr. Sandeep Sarupuria For Respondent(s) : Mr. Vishal Singhal for R.3 - Insurance Company

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/12/2021

This appeal is filed by the appellant-claimants for

enhancement of compensation. There is some delay in filing the

appeal and application under Section 5 has been filed.

(2 of 3) [CMA-2151/2019]

The notices were issued to the respondents.

After service of notices, respondents No.1 (Driver) & 2

(Owner) of the vehicle have not turned up. However, respondent

No.3 Insurance Company has put in appearance through Advocate

Mr. Vishal Singhal.

The counsel appearing for respondent No.3 Insurance

Company does not oppose the application filed under Section 5 of

the Limitation Act.

Accordingly, the same is allowed and delay is condoned.

The counsel for respondent No.3 Insurance Company is

agreeable to ensue the compensation to the tune of

Rs.3,00,000/-, over and above to the compensation already

awarded by the Motor Accident Claims Tribunal, Rajsamand vide

impugned judgment dated 25.10.2018 passed in MACT Case

No.22/2018.

The appellant-claimants are also agreeable to enhance the

amount to the tune of Rs.3,00,000/-.

This view of settlement arrived at between the appellant-

claimants and respondent No.3 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 25.10.2018 passed in MACT

Case No.22/2018, 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.

(3 of 3) [CMA-2151/2019]

The award impugned dated 25.10.2018 passed by Motor

Accident Claims Tribunal, Rajsamand in Claim Case No.22/2018 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 121-AnilKC/-

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