Rameshwar Lal vs Mahesh Kumar
2022 Latest Caselaw 2605 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2711/2019

1. Rameshwar Lal S/o Shri Gordhanram, Aged About 42 Years,

2. Sumitra W/o Shri Rameshwar Lal, Aged About 39 Years,

3. Subhash S/o Shri Rameshwar Lal, Aged About 16 Years, Minor Through His Natural Guardian Father Shri Rameshwar Lal, All R/o Chainpura, Tehsil Nohar, District Hanumangarh.

----Appellants/Claimants Versus

1. Mahesh Kumar S/o Shri Bhagwan Das, B/c Sankhla, R/o Nathusar Bas, Behind Bheruji Temple , Bikaner (Owner Of Vehicle No. RJ-07-GA-2956)

2. Biju S/o Shri Revantram, B/c Nayak, R/o Amarsinghpura, Bikaner.

(Driver Of Vehicle No. RJ-07-GA-2956)

3. IFFCO Tokio General Insurance Company Limited, 23-24-

25 II Floor, Guru Kripa Complex, Panchshati Circle, Sardulganj, Bikaner .

(Insurer Of Vehicle No. RJ-07-Ga-2956)

----Respondents

For Appellant(s) : Mr.R.R.Khilery for Mr.Mahaveer Bishnoi, Adv.

For Respondent(s) : Mr.Kaushal Gautam, Adv. (Owner & Driver) Mr.Vishal Singhal, Adv. (Insurance Company)

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

14/02/2022

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

Motor Vehicles Act, 1988 by the appellants-claimants for

enhancement of the amount of compensation, against the

(2 of 2) [CMA-2711/2019]

judgment and award dt. 23.08.2017 passed by the Judge, Motor

Accident Claims Tribunal, Bikaner in MAC Case No.70/2013, vide

which the learned Judge awarded compensation to the tune of

Rs.5,75,281/- along with interest @ 7% per annum to the

claimants.

Learned counsel for the appellants-claimants as well as

learned counsel for the respondent-Insurance Company submits

that in the spirit of Lok Adalat, both the parties have agreed on

payment of a lump-sum amount of Rs.1,25,000/- in addition to

the amount already paid to the claimants-appellant. 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. 23.08.2017 is modified to the extent that the respondent No.3

-Insurance Company shall pay lump-sum amount of Rs.1,25,000/-

to the claimants/appellants in addition to the amount already paid

to the claimants, if any, within a period of one month from today.

If the aforesaid lump sum amount is not paid to the appellants/

claimants within the stipulated time, the respondent/Insurance

Company shall also pay interest @ 7% per annum over the due

amount from the date of this order.

Record of the Tribunal, received if any, be sent back

immediately.

(MANOJ KUMAR GARG),J 25-NK/-

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