Rohitash Kumar vs Bachhu Singh And Ors
2021 Latest Caselaw 2343 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Misc. Appeal No. 2020/2012

Rohitash Kumar Malakar son of Shri Shanker Lal Malakar, aged about 43 years, Resident of Manoharpura, District Jaipur Gramin Presently R/o 119, Veer Durgadas Nagar, Pali

----Appellant Versus

1. Bachhu Singh s/o Baldeoram, by caste Dhakad, R/o Khohara, Tehsil Bayana, District Bharatpur (Driver of Innova Car No. RJ-14-TA-3898)

2. Smt. Madhuri Shrivastava w/o Atul Kumar Shrivastava, by caste Kayastha, R/o H.No. 266/16, Pratapnagar, Sanganer, Jaipur (Owner of Innova Car No. RJ-14-TA-3898)

3. The Divisional Manager, National Insurance Co. Ltd., 12, Residency Road, Jodhpur (Insurance Co. of Innova Car No. RJ-14-TA-3898)

----Respondents

For Appellant(s) : Mr. Ravi Panwar For Respondent(s) : Mr. T.R.S. Sodha

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/01/2021

The matter is listed in the 'orders' category on an application

(Inward No. 01/2021) moved by the appellant-claimant for early

hearing.

For the reasons mentioned in the application, the same is

allowed.

With the consent of learned counsel for the parties, the

appeal is taken up for final hearing today itself.

The present appeal for enhancement has been filed by the

appellant-claimant against the Judgment and Award dated

30.07.2012 passed by the Judge, Motor Accident Claims Tribunal,

Sojat, District Pali in Motor Accident Claim Case No. 13/2011

(2 of 2) [CMA-2020/2012]

whereby the tribunal has awarded a sum of Rs. 70,000/- along

with interest @ 6% per annum in favour of the appellant-claimant

on account of the injuries suffered by him in the accident which

occurred on 16.11.2010.

Learned counsel for the parties have fairly submitted that

without going into merits of the case, the matter can be disposed

of in the spirit of lok adalat.

In the circumstances, learned counsel for the respondent -

Insurance Company very fairly made an offer of lump sum amount

of Rs. 01 lac (inclusive of interest etc.) in addition to the amount

already awarded by the tribunal vide Judgment and Award dated

30.07.2012.

The offer made by learned counsel for the respondent -

insurance company is gracefully accepted by learned counsel for

the appellant-claimant.

In view of the above, the present appeal is disposed of with

a direction to the respondent - Insurance Company to pay a sum

of Rs. 01 lac (inclusive of interest etc.) to the appellant-claimant

in addition to the amount already awarded by the tribunal vide its

Judgment and Award dated 30.07.2012 towards full and final

settlement within a period of six weeks from today. If the said

amount is not paid within the stipulated period, it will carry

interest @ 6% per annum, till the actual payment is made.

(VINIT KUMAR MATHUR),J

73-Inder/-

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