Ajay Nainawati vs Malkiyat Singh And Anr
2021 Latest Caselaw 15377 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 259/2002

Ajay Nainawati S/o Shri Dayal Singh Ji Nainawati, by caste Nainawati, aged about 35 years, R/o.96, Govind Bhawan, Bhopalganj (Bhilwara).

----Appellant Versus

1. Malkiyat Singh S/o Shri Gurbux Singh Ji, by caste Punjabi, Address : G.S. Malwa, Dhanmandi, Kota (Rajasthan).

2. Surendra Singh S/o Shri Deepan Singh Yadav, R/o. Chibran Mau, District Farukhabad (U.P.)

3. The United India Insurance Co. Ltd., through Divisional Manager, Bhilwara.

                                                                ----Respondents


For Appellant(s)         :     Mr. Sushil Kumar Bishnoi
For Respondent(s)        :     Mr. Jagdish Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

04/10/2021

The case comes up on an application(01/2021) for

preponement of the date of hearing.

For the reasons stated in the application, the same is

allowed.

With the consent of learned counsel for the parties, the

matter is being heard today itself and decided finally at this stage.

The present appeal has been preferred against the judgment

and award dated 03/08/1998 passed by Motor Accident Claims

Tribunal, Bhilwara in Motor Accident Claims Case No. 278/94. Vide

judgment dated 03/08/1998, an amount of Rs.9,99,420/- was

(2 of 2) [CMA-259/2002]

awarded to the claimant/appellant on account of the injuries

suffered by him in the accident which occurred on 07/12/1993.

The Tribunal after framing the issues, evaluating the

evidence on record and hearing learned counsel for the parties

decided the claim application of the claimants vide its judgment

and award dated 03/08/1998.

Heard learned counsel for the parties.

Learned counsel for the appellant without joining the issues

on merits has submitted that he will be satisfied if an amount of

Rs.6 Lacs is enhanced in the present case and the same is

awarded in addition to the amount already awarded by learned

Tribunal vide its judgment and award dated 03/08/1998.

The offer given by learned counsel for the appellant is

gracefully accepted by learned counsel for the respondent

Insurance Company and he has agreed for the enhancement of

the award of Rs.6 Lacs with an interest @ 6 % per annum.

In the circumstances, the present appeal is partly allowed

and the amount of Rs.6,00,000/- (Rupees: Six Lac Only) is

enhanced and the respondent-Insurance Company is directed to

pay the enhanced amount in addition to the amount already

awarded by the Tribunal vide its judgment and award dated

03/08/1998 within a period of six weeks from today. The

enhanced amount shall carry an interest @ 6% per annum from

the date of filing of the claim petition and till the same is paid.

(VINIT KUMAR MATHUR),J

53-SanjayS/-

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