Mangi Devi And Ors vs Om Prakash And Ors
2021 Latest Caselaw 2342 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1267/2013

1. Mangi Devi W/o Late Shri Gopi Ram @ Gopi Lal, aged about 29 years,

2. Kumari Mamta D/o Late Shri Gopi Ram @ Gopi Lal, aged about 12 years,

3. Vikash S/o Late Shri Gopi Ram @ Gopi Lal, aged about 10 years,

4. Ridmal Ram S/o Late Shri Bharu Ram, aged about 54 years,

5. Rami Devi W/o Shri Ridmal Ram, aged about 52 years, all appellants are by caste Vishnoi, Resident of Village Ranisar, Tehsil Phalodi, district Jodhpur (Raj.) Appellants no. 2 and 3 are minor, through their natural guardian mother Smt. Mangi Devi W/o Late Shri Gopi Ram @ Gopi Lal/ appellant No. 1.

----Appellants Versus

1. Shri Omprakash S/o Shri Hadmana Ram, by caste Vishnoi, R/o Vishnu Nagar, Bhaid, Police Station Lohawat, District Jodhput (Raj.) (Driver Vehicle Truck No. Rj - 19 - G - 6282)

2. Bheeka Ram s/o Shri Sawanta Ram by caste Vishnoi, R/o Vishnu Nagar, Bhaid, Police Station Lohawat, District Jodhput (Raj.) (Reg. Owner Vehicle Truck No. Rj - 19 - G - 6282)

3. I.C.I.C.I. Lombard General Insurance Company Limited, Divisional Office - PRS Tower, Ground Floor, Plot No. 947 10 th - D- Road, Sardarpura, Jodhpur

----Respondents

For Appellant(s) : Mr. Prashant Panwar For Respondent(s) : Mr. Jagdish Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

28/01/2021

With the consent of the learned counsel for the parties, the

matter is heard finally.

(2 of 2)

The present appeal has been filed against the Judgment and

Award dated 09.04.2013 passed by the Motor Accident Claims

Tribunal, (First) Jodhpur (Raj.), in Motor Accident Claim No.

707/2009 whereby the Tribunal has awarded a sum of Rs.

8,82,000/- in favour of the appellants-claimants.

Learned counsel for the respondent - Insurance Company

has offered a sum of Rs. 6,00,000/- in addition to the amount

already awarded by the Tribunal vide its Judgment and Award

dated 09.04.2013 to be paid towards the compensation to the

appellants-claimants in this case. The proposal given by the

counsel for the respondent is accepted by the counsel for the

appellant.

In these circumstances, the respondent - Insurance

Company is directed to pay a sum of Rs. 6,00,000/-, a lump sum

amount in the present case to the appellants-claimants in addition

to the amount already awarded by the Tribunal vide its Judgment

and Award dated 09.04.2013 towards full and final settlement

within a period of 6 weeks from today. If the enhanced amount is

not paid within the stipulated time, it shall carry the interest @

6% p.a.

The appeal stands disposed of in the above terms.

(VINIT KUMAR MATHUR),J

C-3-Payal/-

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