Sukhi Devi And Anr vs Tej Singh And Ors
2021 Latest Caselaw 16926 Raj

(1 of 3) [CMA-1225/2010]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1225/2010

1. Sukhi Devi w/o Sh. Gordhanram, aged 48 years,

2. Gordhanram S/o Sh. Rahingra, aged 49 years, Both by caste Seervi, r/o Dhakadi, Tehsil Sojat, District Pali

----Appellants Versus

1. Tej Singh s/o Padam Singh, by caste Rajput r/o Bagawas, Tehsil Sojat, District Pali (Raj.) ....Driver of the Tractor No. RJ-22/RA 1133

2. Jujhar Singh s/o Padam Singh, by caste Rajput, r/o Bagawas, Tehsil Sojat, District Pali (Raj.)

3. Reliance General Insurance Company Ltd., Branch Office, Green House, 4th Floor, O-19, Ashok Marg, C- Scheme, Jaipur (Raj.).

......Insurance Company of the Tractor No.RJ-22/RA 1133

----Respondent

For Appellant(s) : Mr. Sanjeet Purohit For Respondent(s) : Mr. TRS Sodha

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

12/11/2021

Appellant-claimants have preferred this appeal under Section

173 of the Motor Vehicles Act, 1988 (for short, 'Act') with a prayer

for enhancement of compensation quantified and awarded by

Motor Accident Claims Tribunal, Sojat District Pali, vide its

judgment and award dated 07.07.2010. Learned Tribunal, while

adjudicating appellants' claim under Section 166 of the Act, has

awarded compensation to the tune of Rs.3,24,000/-with interest.

The accident was caused by Tractor bearing Registration No. RJ-

22-RA-1133 which was insured with respondent-Insurer.

(2 of 3) [CMA-1225/2010]

The only contention of learned counsel for the appellants is

that compensation awarded by the learned Tribunal is grossly

inadequate and even not satisfying the requirements of just and

fair compensation within the meaning of Section 168 of the Act.

Mr. TRS Sodha, learned counsel appearing for respondent-

Insurance Company submits that the Insurer is prepared to settle

the matter perpetually by enhancing the amount of compensation

commensurating with the guidelines issued by Rajasthan State

Legal Services Authority (for short, 'Authority').

While agreeing with the proposal of learned counsel for the

Insurer, learned counsel appearing for the appellants has also

consented for deciding the matter to enhance the amount of

compensation in terms of guidelines issued by the Authority.

As agreed by learned counsel for the parties, the amount of

compensation awarded by learned Tribunal merits enhancement

by Rs.1,70,000/-.

In view thereof, the impugned award is accordingly modified

and the total amount of compensation is redetermined and

quantified to the tune of Rs.4,94,000/- including the interest. The

respondent-Insurance Company is directed to pay the enhanced

amount of Rs.1,70,000/-,which is inclusive of interest, within a

period of two months from today or deposit the same with the

learned Tribunal. In case, the enhanced amount of compensation

(3 of 3) [CMA-1225/2010]

is deposited with the learned Tribunal, the Tribunal shall disburse

the same to the appellant-claimants in accordance with law.

Before parting, it is made clear that in case the enhanced

amount of compensation is not paid by the Insurer within two

months, then, the same shall carry interest @ 6% per annum

from the date of this order.

(DEVENDRA KACHHAWAHA),J 101-Bharti/-

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