Rajasthan High Court - Jodhpur
Veer Mal And Ors vs Poonam Chand Khatik And Ors on 17 December, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 150/2018
1. Veer Mal S/o Late Kan Ji Parmar, aged 42 years,
2. Smt. Rasi Devi W/o Veer Mal Parmar, aged 41 years,
3. Miss Lalita D/o Veer Mal Parmar, aged 15 years,
4. Rahul S/o Veer Mal Parmar, aged 13 years,
Appellant No. 3 And 4 Are Minor Through Their Natural
Guardian, i.e. Appellant No. 1, All Are Resident Of -
Kheriya Charwada, Tehsil - Sagwara, Distt. Dungarpur
Raj.
----Appellants
Versus
1. Poonam Chand Khatik S/o Panna Lal Khatik, Resident Of -
Mohalla Khatikwada, Police Station- Kotwali, District -
Dungarpur. (Driver)
2. Smt. Santosh Devi W/o Ishwar Lal Kharadi, R/o Saroli,
Tehsil-Kherwada, District- Udaipur. (Owner)
3. Cholamandalam General Insurance Co. Ltd. Through
Manager, Registered Office- Dare House, Second Floor
234, N.c.c. Bose Road, Chennai. (Insurer)
----Respondents
For Appellant(s) : Mr. R.S. Mankad.
For Respondent : Mr. Aditiya Singhi.
No.3-Insurer
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/12/2021
The office has reported that the present appeal is delayed by
11 days.
With the consent of both the parties and on their oral
request, the delay is condoned.
(2 of 3) [CMA-150/2018]
This appeal is filed by the appellants-claimants under Section
173 of the Motor Vehicles Act, 1988 seeking enhancement of
compensation awarded by the impugned judgment and award
dated 25.08.2017 passed by Motor Accident Claims Tribunal,
Dungarpur (for short, 'learned Tribunal')
The counsel for the appellants submits that the claim petition
was partly allowed and awarded compensation to the tune of
Rs.5,21,280/- with interest @ 6% per annum, which is inadequate
and deserves to be enhanced suitably.
Counsel for the Insurance Company has put in appearance
and candidly admits that compensation in addition to the award
already passed may be enhanced to the tune of Rs.2,75,000/- as
lump sum, which shall be paid within a period of four weeks from
today.
Counsel for the appellants is agreeable to the aforesaid
enhanced amount.
Both the parties submits that the appeal may be disposed of
as per their mutual settlement in relation to the enhanced amount
of compensation i.e. Rs.2,75,000/- as a lump sum.
The appeal is disposed of as per their mutual consent in
following terms:
(1) The respondent Insurance Company shall pay additional
amount of Rs.2,75,000/- as lump sum in addition to the
compensation awarded by the learned Tribunal vide its judgment
and award dated 25.08.2017
(2) The enhanced of compensation shall be paid within a period
of four weeks from today, failing which the same shall carry
interest @ 7.5% per annum from today till the date of paymnent.
(3 of 3) [CMA-150/2018]
With these observations, the appeal stands disposed of and
the impugned judgment and award is be treated as modified
accordingly.
(SUDESH BANSAL),J
153-a.asopa/-
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