Smt Rukhma Devi And Ors vs Subhash Chandra And Ors
2022 Latest Caselaw 2434 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1472/2016

1. Smt Rukhma Devi wife of Late Sh. Om Prakash, age about 42 years, resident of Ward No.02, Karmisar, Tehsil & District Bikaner (Rajasthan).

2. Shishpal S/o Sh. Om Prakash, age about 24 years, resident of Ward No.02, Karmisar, Tehsil & District Bikaner (Rajasthan).

3. Meera Daughter of Sh. Om Prakash, age about 22 years, resident of Ward No.02, Karmisar, Tehsil & District Bikaner (Rajasthan).

4. Rampyari Wife of Sh. Dalu Ram, age about 74 years, resident of Ward No.02, Karmisar, Tehsil & District Bikaner (Rajasthan).

5. Dalu Ram S/o Sh. Ratna Ram, age about 76 years, resident of Ward No.02, Karmisar, Tehsil & District Bikaner (Rajasthan).

----Appellants/claimants Versus

1. Subhash Chandra S/o Sh. Dula Ram, by caste Bishnoi, resident of Kudasu, Tehsil Nokha, District Bikaner (Rajasthan).

(Owner of the vehicle)

2. Girdhari Giri S/o Sh. Keshar Giri, by caste Gunsai, resident of Jaitasar, Tehsil Sridungargarh, District bikaner (Rajasthan).

(Driver of the vehicle)

3. I.C.I.C.I. Lombard General Insurance Company Limited through its Branch Manager, Silver Square, Rani Bazar, Bikaner.

(Insurance Company)

----Respondents

For Appellants- : Mr.C.R.Choudhary, Adv. claimants For Respondent- : Mr.Santosh Choudhary, Adv. Insurance Co.

         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                   Order





                                                                            (2 of 2)                [CMA-1472/2016]

                                   10/02/2022

This civil misc. appeal has been filed under Section 173 of

Motor Vehicles Act, 1988 by the appellant-claimants for

enhancement of quantum of compensation, against the judgment

and award dt. 03.02.2016 passed by the Judge, Motor Accident

Claims Tribunal Bikaner in MAC Case No.186/2009 (1164/2014),

vide which the learned Judge awarded compensation to the tune

of Rs.7,57,384/- in favour of the appellants-claimants.

Learned counsel for the appellants-claimants as well as

learned counsel for the Insurance Company submits that in the

spirit of Lok Adalat, both the parties have agreed on payment of a

lump-sum amount of Rs.3,50,000/- in addition to the amount

already paid to the claimant-respondent. Therefore, it is prayed

that the judgment and award impugned may be modified

accordingly.

In view of the submissions made by the parties, the civil

misc. appeal is partly allowed. The impugned judgment & award

dt. 03.02.2016 is modified to the extent that the respondent

-Insurance Company shall pay lump-sum amount of

Rs.3,50,000/-, including interest to the appellants/claimants in

addition to the amount already paid to the claimants, as agreed by

them, within a period of two months from today. If the aforesaid

lump sum amount is not paid to the claimant within the stipulated

time, the appellant-Insurance Company shall also pay interest @

6% per annum over the due amount from the date of this order.

Record of the Tribunal be sent back immediately.

                                    150-NK/-                                          (MANOJ KUMAR GARG),J








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