Rajasthan High Court - Jodhpur
Shamim Banu vs Shri Ram General Insurance Co. Ltd on 17 December, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 722/2019
1. Shamim Banu W/o Late Shri Sayyed Khan, Aged About 37
Years, B/c Musalman, R/o Bhadali Khera, Bhilwara (Raj.)
2. Simran Bano D/o Late Shri Sayeed Khan, Aged About 16
Years, Minor Through Natural Guardian Mother Smt.
Samim Bano W/o Late Shri Sayeed Khan, Aged About 37
Years, B/c Musalman, R/o Bhadali Khera, Bhilwara (Raj.)
3. Adil Khan S/o Late Shri Sayeed Khan, Aged About 14
Years, Minor Through Natural Guardian Mother Smt.
Samim Bano W/o Late Shri Sayeed Khan, Aged About 37
Years, B/c Musalman, R/o Bhadali Khera, Bhilwara (Raj.)
4. Aashiq Khan S/o Late Shri Sayeed Khan, Aged About 13
Years, Minor Through Natural Guardian Mother Smt.
Samim Bano W/o Late Shri Sayeed Khan, Aged About 37
Years, B/c Musalman, R/o Bhadali Khera, Bhilwara (Raj.)
5. Sattar Khan S/o Shri Lal Khan, Aged About 61 Years, B/c
Musalman, R/o Bhadali Khera, Bhilwara (Raj.)
6. Smt. Hajra W/o Shri Sattar Khan, Aged About 59 Years,
B/c Musalman, R/o Bhadali Khera, Bhilwara (Raj.)
----Appellants
Versus
1. Shri Ram General Insurance Co. Ltd., Through Divisional
Manager, Branch Office - E-8 Riico Industrial Area,
Sitapur, Jaipur (Raj.)
2. Shambhu Nath S/o Nanu Lal, B/c Yogi, R/o 46,
Raghnathpura, Tehsil Banera, District Bhilwara (Raj.)
(Owner)
3. Sabir Khan S/o Nasir Khan, B/c Phatan, R/o Bhadali
Khera, Police Station Mandal, District Bhilwara (Raj.)
(Driver)
----Respondents
For Appellant(s) : Mr. Pushkar Jaimini
For Respondent(s) : Mr. Vishal Singhal for R.1 Insurance
Company
(2 of 3) [CMA-722/2019]
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/12/2021
This appeal is filed by the appellant-claimants for
enhancement of compensation.
The notices were issued to the respondents.
After service of notices, respondent No.1 Insurance Company
has put in appearance through Advocate Mr. Vishal Singhal. The
service of notices upon respondent No.2 & 3 are dispensed with.
The Motor Accident Claims Tribunal, Bhilwara vide judgment
dated 11.12.2018 in MACT Case No.7/2017 passed award of
Rs.7,70,248/- with interest @3% from the date of filing of the
claim petition i.e. 31.01.2010 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.4,00,000/-.
In this view of settlement arrived at between the appellant-
claimants and respondent No.1 Insurance Company to enhance an
additional amount of Rs.4,00,000/- 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.4,00,000/-
as lump-sum amount, in addition to the compensation already
awarded vide impugned judgment 11.12.2018 passed in MACT
Case No.07/2017, 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-722/2019]
The award impugned dated 11.12.2018 passed by Motor
Accident Claims Tribunal, Bhilwara in MACT Case No.7/2017 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
159-AnilKC/-
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