Rajasthan High Court
The New India Assurance Company ... vs Smt. Rupanti Devi Wife Of Shri ... on 24 August, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1653/2022
The New India Assurance Company Limited, having its
Registered & Head Office At 87, Mahatma Gandhi Road, Fort,
Mumbai-400001 and having its Regional Office At Second Floor,
South Block, Nehru Place, Tonk Road, Jaipur, Through Its
Constituent Attorney.
----Appellant
Versus
1. Smt. Rupanti Devi Wife Of Shri Harban Singh, Aged About
48 Years, Resident Of Jhunpdeen Tan Sikandara, Teshil
Sikray, District Dausa (Raj.).
2. Rakesh Son Of Shri Harban Singh, Aged About 32 Years,
Resident Of Jhunpdeen Tan Sikandara, Tehsil Sikray,
District-Dausa (Raj.).
3. Hukam Singh Son Of Shri Harban Singh, Aged About 30
Years, Resident Of Jhunpdeen Tan Sikandara, Tehsil
Sikray, District-Dausa (Raj.).
4. Ramrakh Son Of Beerbal, Aged About 70 Years, Resident
Of Jhunpdeen Tan Sikandara, Tehsil Sikray, District-Dausa
(Raj.).
5. Jagdish Son Of Birdichand, Resident Of Sikray, Tehsil-
Sikray, District Dausa (Raj.)
(Driver Pickup No. RJ-13-GA-9491).
6. Jagdish Pusad Saini Son Of Jhabruram, Resident Of Geej
Garh Tehsil Sikray, District Dausa (Raj.)
(Owner Pickup No. RJ-1-GA-9491).
----Respondents
For Appellant(s) : Mr. Sanjay Singhal, Advocate
For Respondent(s) : Mr. Umesh Vyas, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Judgment
24/08/2022
(2 of 3) [CMA-1653/2022]
This Civil Misc. Appeal has been filed by the Insurance
Co. challenging the judgment and award dated 6.5.2022 passed
by the Motor Accident Claims Tribunal, Bandikui, District Dausa
(for short, 'the Tribunal') in Claim Case No. 85/2017, whereby the
Tribunal has awarded a sum of Rs. 64,63,783/- in favour of the
claimants alongwith interest @ 7.5% p.a. from the date of filing
the claim petition.
A claim petition was filed by the claimants seeking
compensation on account of death of Harban Singh in a road
accident, which took place on 4.5.2017 at about 7.00 PM when
deceased Harban Singh was going from Sikandra to Laka
Baravanda on a motor cycle. No sooner did he cross the village
Gangadwadi and when he was going on the road of Baravanda in
his right side, a pickup no. RJ GA 9491 suddenly appeared from
the opposite direction, which was being driven by its driver rashly
and negligently and hit the motor cycle, as a result of which
Harban Singh sustained grievous injuries and ultimately died on
5.5.2017.
The non claimants submitted the written statement.
Necessary issues were framed and after hearing the arguments,
the Tribunal vide its judgment dated 6.5.2022 has passed the
aforesaid award. Being aggrieved with the same, the present
appeal has been filed by the Insurance Co.
Learned counsel for the Insurance Co. submits that the
amount of compensation awarded by the Tribunal is excessive in
nature. He further submits that a lumpsum amount of Rs.
5,00,000/- may be reduced from the awarded amount.
(3 of 3) [CMA-1653/2022]
Learned counsel for the claimants has no objection for
the same.
Heard. Considered.
Taking into consideration the facts and circumstances
of the case and more particularly in view of the consent of learned
counsel for the claimants, the appeal filed by the Insurance Co. is
partly allowed. The claimants are held entitled to receive a sum of
Rs. 59,63,783/- as compensation from the non claimants -
respondents instead of Rs. 64,43,783/-, as awarded by the
Tribunal. The impugned judgment and award dated 6.5.2022
passed by the Tribunal is modified to the aforesaid extent. Other
terms and conditions of the impugned judgment and award dated
6.5.2022 shall remain the same.
(PRAKASH GUPTA),J
DK/15
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